u 


760 


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LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


GIFT  OF 

A     I 


Q  Class 


ON  THE  SOCIAL  STANDING  OF  FREEDMEN 
AS  INDICATED  IN  THE  LATIN  WRITERS 

PRECEDED    BY 

A  DISCUSSION  OF  THE  USE  AND  MEANING  OF  THE  WORDS 
LIBERTUS  AND  LIBERTINUS 

BY 

JOHN   JACKSON   CRUMLEY 

PART    I 
3  Dissertation 

SUBMITTED    TO  THE  BOARD  OF  UNIVERSITY  STUDIES  OF  THE  JOHNS  HOPKINS  UNIVERSITY 

IN  CONFORMITY  WITH  THE    REQUIREMENTS  FOR  THE  DEGREE  OF 

DOCTOR  OF  PHILOSOPHY 

1904 


UNIVERSITY 

OF 


BALTIMORE 

J.    H.    FURST    COMPANY 
1906 


INTRODUCTION. 


The  primary  object  in  this  investigation  is  to  collect  the  materials 
upon  which  may  be  founded  an  historical  survey  of  the  social 
standing  of  the  Roman  freedmen.  This  aspect  of  the  freedman' s 
life  has  been  touched  upon  by  various  modern  authorities  while 
dealing  with  other  matters  ;  but  no  complete  treatment  of  the  sub- 
ject, which  follows  the  method  here  attempted,  is  known  to  me. 

Rome  was  a  state  in  which  slavery  was,  from  first  to  last,  an 
established  institution.  Under  such  conditions,  the  social  standing 
of  any  freedman  may,  in  a  general  way,  be  taken  for  granted. 
The  influence  of  race,  of  character,  of  ability,  would  at  best  be 
slight ;  and  traces  of  them  wherever  they  occurred,  would  call  for 
careful  examination. 

Social  position  is  not  necessarily  affected  by  civic  rights.  For 
that  reason  those  aspects  of  the  bondsman's  life,  (to  which  many 
scholars  have  already  devoted  their  attention),  are  touched  upon 
here  only  where  they  appear  to  have  some  bearing  upon  the  sub- 
ject in  hand.  It  was  enough  that  the  freedman  was  a  freedman. 
The  question  then  seems  to  be  whether  the  effect  of  this  opinion 
upon  the  man's  social  standing  varied  at  all  at  different  times  and 
under  changed  conditions,  and  if  so,  what  the  causes  were. 

With  this  end  in  view,  I  have  examined  the  Roman  authors 
from  Plautus  to  Suetonius  as  well  as  some  of  the  more  important 
later  works,  including  the  law  codes.  The  inscriptions  are  also 
important  in  this  connection  but  it  was  found  necessary  to  omit 
them,  at  all  events,  for  the  present. 

A  necevssary  preliminary  to  my  investigation  is  a  discussion  of 
the  use  and  meaning  of  the  Roman  words  for  a  freedman,  libertus 
and  libertinus.  This  is  the  more  necessary  because  the  distinction 
between  them  is  even  of  greater  importance  here  than  it  is  in  any 
other  phase  of  the  subject.  This  study  of  libertus  and  libertinus 
must  also  be  prolonged  at  some  length,  owing  to  the  fact  that  dis- 
cussions of  these  words  began  among  the  Romans  themselves,  and 
that  no  small  portion  of  the  modern  literature  on  the  duties  and 
privileges  of  Roman  freedmen  is  affected  by  differing  conceptions 
of  the  meaning  and  value  of  the  words  by  which  they  were 
designated.1 

1  Only  the  discussion  of  the  words  libertus  and  libertinus  is  herewith  presented. 


LIBERTUS  AND  LIBERTINUS  IN  LITERATURE. 


Two  words  were  used  by  the  Romans  to  designate  a  freedman, 
libertus  and  libertinus.  Both  of  these  appear  in  the  earliest  extant 
Latin  literature  and  both  continued  throughout  the  entire  history 
of  the  language.  As  regards  the  meaning  and  use  of  libertus,  there 
seems  to  be  practically  no  difference  of  opinion.  Isidor.,  Orig.  9, 
4,  47,  defines  libertus  as  follows :  Libertus  autem  vocatus  quasi 
liberatus.  Erat  enim  prius  iugo  servitutis  addictus.  All  classical 
writers,  as  we  shall  see  below,  seem  to  have  used  the  word  in  the 
sense  of  f  a  man  that  has  been  freed  from  slavery/  and  modern 
authorities,  so  far  as  I  know,  give  it  this  interpretation ;  but  they 
say  that  it  designates  the  freedman  only  in  relation  to  his  patron 
or  manumittor.  Some  add  that  it  is  either  always  used  with  a 
genitive  or  a  possessive  modifier  referring  to  the  patron,  or  that 
we  must  mentally  supply  such  a  modifier.1 

There  is  no  such  unity  of  opinion  concerning  libertinus,  and  the 
discussion  of  this  word  dates  back  to  the  time  of  Suetonius.  Suet. 
Claud.  24,  Ignarus  temporibus  Appii  et  deinceps  aliquandiu  liber- 
tinos  dictos,  non  ipsos  qui  manu  emitterentur,  sed  ingenuos  ex  his 
procreates. 

Isidor.  Orig.  9,  4,  47.  Libertorum  autem  filii  apud  antiques 
libertini  appellabantur,  quasi  de  libertis  nati. 

Acron  on  Hor.  Sat.  2,  3,  281.     Libertinus.    liberti  films. 

Schol.  on  Ter.  Adelph.  896,  in  Hermes  1867,  II,  401,  (quidam) 
libertinos  volunt  esse  iam  ingenuos,  ut  pote  de  civibus  (libertis) 
Romanis  natos. 

Schol.  on  Ter.  Eun.  3,  5,  60,  (Schlee,  p.  105),  Libertinus  filius 
liberti. 

The  writer  of  the  following  passages  in  the  Theodosian  Code, 

1  Cf.  Momm.  Staatsr.  3,  422  ;  Smilda,  Suet.  Claud.  24  ;  Krebs-Schmalz,  Anti- 
barb.  ;  Valla  Elegant,  iv,  1  ;  and  the  dictionaries. 


Libertus  and  Libertinus.  -5. 

though  he  does  not  define  the  terms,  may  have  written  under  the 
influence  of  the  passage  in  Suetonius. 

Cod.  Theod.  8,  13,  1.  Liceat  matribus,  si  impios  filios  probare 
se  posse  confidunt,  publice  adire  indicia.  Matrem  autem  ingenuam, 
libertam,  libertinam,  cui  scilicet  civitatis  Romanae  iura  quaesita 
sunt,  ita  ut  queri  antiquo  iure  poterant  accipi  audirique  decer- 
nimus ;  itemque  filios  filias,  ingenues  ingenuas,  libertos  libertas, 
libertinos  libertinas,  cives  pari  condicione  Romanes. 

Cod.  Theod.  4,  6,  2,  (Goth.),  Ceteris  (quae)  de  eorum  matri- 
bus, libertis  libertinisque  per  novam  constitutionem  decreta  sunt. 

Claudius  in  speaking,  of  his  ancestor  Appius,  had  used  the  word 
libertinus  in  a  sense  that  included  manumitted  men.  Suetonius  in 
the  place  cited,  criticised  this  use  of  the  word,  stating  that  in  the 
time  of  Appius,  libertinus  did  not  mean  a  freedman  himself  but 
the  free-born  son  of  a  freedman.  It  should  be  observed  here 
that  Suetonius  in  this  statement  is  not  supported  by  any  other 
Latin  author ;  and  that  it  is  made  in  criticism  of  a  man  who  did 
not  take  this  view  of  the  word.  The  statement  too,  is  a  very 
bold  one  and  there  can  be  no  doubt  as  to  what  he  meant.  It 
seems  to  have  left  a  deep  impression  on  the  scholars  of  the  late 
empire  and  of  mediaeval  times.  They  not  only  accepted  the 
statement  concerning  the  preliterary  use  of  the  word ;  but  some 
seem  to  have  adopted  and  continued  this  signification  ;  for  example 
in  the  Theodosian  Code,  places  cited  above.  It  has  had  the  same 
influence  upon  scholars  of  modern  times,  especially  in  the  field  of 
law.1 

1  Gothofredus  and  Haenel  both  interpret  the  word  in  the  Theodosian  Code  in 
this  way  and  cite  Suet.  Claud.  24  as  authority. 

M.  Voigt,  Ueber  die  Clientel  und  Libertinitiit,  chapters  8  and  9,  in  Berichte  d. 
Kon.  Sachs.  Gesel.  Vol.  30,  takes  the  same  view  and  quotes  numerous  passages 
from  the  classical  writers  apparently  to  maintain  the  idea  that  the  word  was  used 
even  in  the  literary  period  in  this  restricted  sense.  (Note  the  distinction  between 
this  narrow  signification,  the  son  of  a  freedman,  and  the  meaning  given  in  this 
paper,  '  freedmen  as  a  class. ' )  The  position  of  Voigt  in  this  article,  which 
appeared  in  1878,  is  certainly  untenable,  as  the  examination  of  the  literature 
made  herein  will  indicate.  It  seems  to  me  also  that  H.  Lemonnier,  Condition 
Prive*e  des  Affranchis  aux  Trois  Premiers  Si£cles  de  L' Empire  Komain,  1887,  pp. 
1-12,  has  shown  that  Voigt' s  view  is  wrong  ;  but  Voigt  in  the  second  volume  of 
his  Romische  Rechtsgeschichte,  1899,  advocates  the  same  view  as  in  his  former 


6  The  Social  Standing  of  Freedmen  at  Pome. 

The  influence  of  the  Suetonian  passage  is  traceable  through  the 
entire  period  from  his  day  to  the  present  and  seems  to  be  at  the 
bottom  of  the  whole  discussion.  Wherever  the  question  is  raised, 
Suetonius  is  usually  quoted  or  cited  as  authority. 

The  Latin  dictionaries  are  fairly  uniform  on  the  meaning  and 
use  of  liberties  and  on  the  first  meaning  of  the  noun  libertinus, 
saying  that  they  both  referred  to  freedmen,  that  is  to  manumitted 
men,  but  that  libertus  designated  a  freedman  in  reference  to  his 
manumittor  or  patron,  that  libertinus  designated  a  freedman 
without  reference  to  his  patron  but  to  his  position  in  society  or  the 
state.  (This  matter  will  be  taken  up  after  we  have  made  an 
examinatiou  of  the  two  words).  They  are  not  agreed,  however,  in 
regard  to  the  recognition  of  the  statement  of  Suetonius. 

Forcellini,  definition  4),  App.  Claudii  aetate,  et  aliquandiu  post 
libertini  dicebantur  non  iidem  ac  liberti,  sed  libertorum  filii :  qui 
tamen  inter  ingenuos  postea  habiti  sunt.  (Then  quotes  Suetonius). 

Stephanus,  def.  2),    Libertinus,  qui  ex  liberto  creatus  est. 

Georges,  Zur  Zeit  des  Appius  Claudius,  447  d.  St.  u.  noch  eine 
geraume  Zeit  nachher,  bedeutete  Libertinus  den  Sohn  eines  Freige- 
lassenen,  und  erst  der  Enkel  eines  Freigelassenen  hatte  die  inge- 
nuitas.  Unter  den  Kaisern  aber  waren  Sohne  der  Freigelassenen 
gleich  ingenui,  und  die  Freigelassenen  selbst  hatten  die  Liberti- 
nitas,  s.  Suet.  Claud.  24.  Libertini  iidem  qui  liberti,  a  servitute 
manumissi,  cum  conditione  operarum  exhibendarum. 

Ducange,  for  mediaeval  Latin,  Alias  libertini  appellantur  ex 
libertis  nati. 

Freund,  2),  (followed  by  Harper's  and  White  &  Riddle), 
Uebertr.,  der  Sohn  eines  Freigelassenen,  zum  Untercheide  v. 
libertus,  dem  Freigelassenen  selbst,  (so  nur  nach  einer  Angabe  des 
Sueton.  u.  des  Isidor.). 

article.  On  the  other  hand,  Lemonnier  seems  to  have  overlooked  one  of  the 
principal  characteristics  of  libertinus,  that  is,  its  use  to  designate  a  class  of  men 
rather  than  definite  individuals.  (For  the  persons  that  may  be  included  in  this 
class,  see  later  pages  in  this  paper. ) 

Momm.  Staatsr.  3,  422,  regards  the  statement  of  Suetonius  as  incorrect  and 
misleading.  Smilda,  Suet.  Claud.  24,  thinks  there  is  no  reason  why  we  should 
distrust  the  statement  of  Suetonius.  Compare  also  Karlowa,  Rom.  Rechtsges.  I, 
354,  and  Herzog,  Gesch.  u.  System  d.  Rom.  Staatsv.,  I,  994. 


Libertus  and  Libertinus.  7 

The  use  of  the  word  in  the  classical  authors  will  be  examined 
later  in  this  paper,  and  after  we  have  made  a  study  of  the  words 
libertus  and  libertinus  throughout  the  entire  literature,  and  also  a 
grammatical  study  of  the  forms  of  both  words,  we  may  be  able  to 
throw  some  light  on  the  definition  given  by  Suetonius. 

Those  who  have  written  on  the  subject  of  the  freedmen  and  the 
two  words  that  the  Romans  used  to  designate  this  class  of  men 
seem  for  the  most  part  to  have  handled  the  subject  from  the  legal 
or  political  point  of  view  ;  and  but  little  has  been  offered  by  this 
class  of  writers  from  a  philological  point  of  view.  It  is  my  desire 
therefore  to  make  a  grammatical  study  of  the  forms  of  the  two 
words,  as  preliminary  to  an  examination  of  the  words  themselves 
in  literature. 

THE  SUFFIX  -to. 

This  form  seems  to  have  been  used  in  early  times  both  as  a 
primary  and  as  a  secondary  suffix  :  1)  Joined  immediately  to  the 
root  or  ground  form,  as  in  altus.  2)  As  a  secondary  suffix  joined 
to  adjective,  noun  or  verb  stems,  as  vetus-tus,  sceles-tus,  lega-tus, 
arbus-tum.  Libertus  belongs  to  this  class.  The  suffix  itself, 
originally  had  an  active  signification,1  and  some  of  the  participial 
adjectives  or  participles  formed  by  it  remained  active  even  on 
Italian  soil 2 ;  as  sci-tusj  sta-tus,  eena-tus ;  but  the  most  of  these 
forms  in  Italian  times  had  a  passive  signification,  especially  those 
connected  with  transitive  verbs 3 ;  as  da-tus,  lega-tus. 

A  characteristic  signification  of  the  forms  that  contained  this 
suffix  seems  to  have  been  t  fullness  or  completed  action,4  and  it 
is  therefore  somewhat  like  the  suffix  -ed  in  our  past  participles. 
The  old  verbal  adjective  was  more  inclined  to  take  a  participial 

1  Cf.    Brugmann,    Grundriss    II,  206  ;   Indogerm.    Forsch.  V,    218 ;   Meyer, 
Vergleichende  Grammatik  II,  303. 

2  The  fact  that  there  was  no  other  active  or  middle  suffix  for  past  action  may 
have  in  a  measure  been  the  cause  of  this. 

3  Brug.  Grund.  II,  2£6  ;   Indogerm.  Forsch.  V,  97,  and  119  ;   Meyer,  Vergl. 
Gram.  303. 

*Stolz,  Histor.  Gram.  I,  530;  Brug.  Grund.  II,   206;   Meyer,  303. 


8  The  Social  Standing  of  Freedmen  at  Rome. 

character  iu  the  Italian  group  than  in  the  other  kindred  languages ; * 
and  participles  formed  immediately  from  noun  stems  seem  to  have 
been  more  frequent  here  than  elsewhere.2  Libertus  may  therefore 
be  one  of  such  '  improper '  participles  formed  on  the  stem  liber.3 
But  whatever  may  have  been  the  form  to  which  this  suffix  was 
joined  in  forming  libertus,  the  word  seems  to  have  followed  the 
usual  meaning  of  fullness  or  completed  action  characteristic  of  these 
forms,  and  is  passive  in  its  signification. 

We  would  note  finally  that  the  class  to  which  our  word  belongs 
designates  persons  or  things  upon  which  actions  have  been  per- 
formed, the  nature  of  the  action  being  that  of  the  verb  with  which 
the  form  in  question  is  associated  :  legatus  is  ( a  man  that  has  been 
sent ' — an  ambassador  ;  dictum  is  '  something  said ' — a  word ; 
libertus  is  '  a  man  that  has  been  manumitted  ' — a  freedman,  and 
is  essentially  a  noun,  the  idea  of  an  action  performed  upon  him 
being  an  attendant  circumstance.4 


THE  SUFFIX  -mo. 

The  form  -mo  is  nearly  always  a  secondary  suffix.  There  are 
some  words  in  -^tno  or  -eno  of  somewhat  doubtful  classification, 
like  dominus,5  pagina  ;  but  as  a  purely  secondary  suffix  the  form 
in  -Ino  especially  is  very  frequent,  and  its  characteristic  use  is 
to  form  adjectives 6  with  such  meanings  as  '  made  of  or  ( con- 
sisting of/  e  springing  from/  'pertaining  to  '  or  '  belonging  to  the 
same  kind '  as  that  which  is  denoted  by  the  nouns  with  which 
they  are  connected. 

^ndogr.  Forsch.  V.  156.  2Brug.  Grand.  II,  218.  3Stolz,  532. 

4  For  additional  examples,  see  Ronsch,  Collectanea  Philologa,  p.  195,  and  the 
places  cited  above. 

5  Brug.  Grand.  II,   136  and  142  ;  Stoltz,  483  ;  Johansson  in  Bezz.  Beitr.  18, 
p.  11. 

6  Stolz,  487  and  Brug.  Grand.  II,  146.     For  additional  examples  in  -ino,  see 
Konsch,  pp.  199-208,  and  Stolz,  pp.  484-486.     For  treatment  of  the  suffix  -Ino 
or  -ano  as  applied  to  proper  names,  see  H.  Schnorr  v.  Carolsfeld  in  Archiv  f.  Lat. 
Lex.  u.  Gram.  1,  177-194.     Keisig,  Vorlesungen  1,  237 f*  K.  S.  Eadford,  Studies 
in  Honor  of  Gildersleeve,  pp.  95,  111.     (Reviewed  by  A.  Zimmermann,  Woch.  f. 
Mass.  Phil.  1904,  p.  406  f. 


Libertus  and  Libertinus.  9 

1)  In  the  sense  of  'pertaining  to'  or  '  belonging  to7 :  Agninis 
lactibus,   (Plant.    Ps.   319),  ferinus,   aprinus,   a&ininus,  caprinus, 
cervinus,  equinus,  hirquinus,  porcinus,  taurinus,  tibinus,  anguinus, 
pecuinus,  caninus  hirundininus,  leoninus. 

2)  With  meaning  of  '  like '  :  clurimis,  monkey-like,  (durinum 
pecuSj   Plaut.    True.    269),    cucurbitinus,    gourd-like,    aquilinus, 
columbinus,  colubrinus. 

3)  In  sense  of  *  composed  of ' :  faginus,  iuncinus. 

4)  With  proper  names  in  sense  of  '  pertaining  to 7  or  '  belong- 
ing to '  :  AeaQidinus,  Catulinus,  lugurihinus,  Sibyttinus. 

5)  With  names  of  places  in  sense  of  '  pertaining  to '  or  ( in  the 
vicinity  of  :  Latinus,  LanuvinuSj  Canusinus,   Cisalpinus,  Prae- 
nestinus,  Tiburtinus. 

6)  To   form    adjectives    derived   immediately    from   temporal 
adverbs :  crastinus,  serotinus. 

7)  Joined  immediately  to  verbs  :  coquinus. 

We  have  said  that  the  suffix  -mo  is  adjectival  in  character,  and 
have  cited  thus  far  principally  adjectives.  Nouns  are  also  frequent 
in  this  suffix,  and  a  large  percentage  of  them,  though  technically 
nouns,  show  an  adjectival  coloring  in  their  meaning. 

1)  By  the  side  of  the  adjective  agninusvtQ  have  the  substantive 
agnina,  which  does  not  mean  '  a  lamb '  but  something  pertaining 
to  or  belonging  to  a  lamb,  that  is,  its  flesh.     There  is,  then,  prac- 
tically as  much  adjectival  coloring  in  the  noun  agnina  as  in  the 
adjective   agninus.     Similar  nouns  are  aprina,  canina,  caprina, 
porcina,  anguina. 

2)  There  is  another  class  of  nouns  in  which  the  suffix  contains 
the  meaning  of  '  pertaining  to '  or  <  connected  with/  but  without 
the  idea  of  possession  as  in  those  just  cited  :  camiftcina,  torture, 
that  is,  something  pertaining  to  a  carnifex  ;  haruspicina,  pertaining 
to  a  haruspex,  the  art  of  divination ;  opificina,  molitrina,  tonstrina, 
etc. 

3)  Names  of  deities  :  Statina,  pertaining  to  standing,  the  god- 
dess that  presided  over  the  standing  of  children  ;    Volutina. 

4)  Words  denoting  location  :  Austrina}  Lanuvinum,  Lanuvini.1 

1  For  additional  examples,  see  Konsch,  pp.  199  f.,  and  other  authors  at  places 
cited  under  this  topic. 


10  The  Social  Standing  of  Freedmen  at  Rome. 

The  words  cited  in  the  lists  above  are  practically  all  taken  from 
the  older  Latin  authors,  Plautus,  Varro,  Cato  and  Cicero. 

The  use  of  the  words  libertus  and  libertinus  seems  to  have  fol- 
lowed closely  the  shades  of  meaning  indicated  by  the  foregoing 
study  of  the  suffixes  -to  and  -mo.  Libertus,  a  formation  similar 
to  those  in  -to  mentioned  above,  had  a  meaning  of  { the  man  who 
has  been  freed.'  It  preserved  this  meaning,  as  we  shall  see  later, 
through  the  entire  period  of  the  Latin  literature,  and  is  nowhere 
an  adjective.  Libertinus,  like  some  of  those  in  -mo  cited  above, 
became  both  an  adjective  and  a  noun,  but  with  a  similar  adjectival 
signification  in  both  cases ;  that  is,  as  an  adjective,  it  meant  *  per- 
taining to  freedmen ; '  as  a  noun,  it  contained  the  suggestion  of 
'  belonging  to  the  freedmen  as  a  class.' 


One  can  not  read  over  the  references  in  which  these  two  words 
occur  without  being  impressed  with  the  remarkable  uniformity  of 
all  the  authors  in  their  use,  and  the  accuracy  with  which  the 
respective  meanings  of  both  words  are  observed.  True  enough, 
some  of  the  references  are  without  any  coloring,  but  this  is  the 
result  of  the  circumstances  in  question  and  not  of  a  failure  to  use 
the  words  with  their  accurate  significations.  Then  also,  from  the 
very  nature  of  things,  it  would  sometimes  happen  that  the  circum- 
stances concerning  the  freedman  spoken  of  would  be  of  a  nature 
near  the  boundary  line  between  the  two  words  ;  such  as  is  liable 
to  occur  with  any  two  words  applied  to  the  same  general  class  of 
objects  or  individuals.  There  is  another  class  of  references,  in 
which  there  is  nothing  either  in  the  sentence  itself  or  in  the  con- 
text to  show  which  was  in  the  author's  mind.  These  naturally 
can  furnish  no  affirmative  evidence,  and  must  be  interpreted  them- 
selves by  the  standard  set  in  the  places  where  the  meaning  is  clear. 
Fortunately,  however,  these  places  without  any  coloring  are  com- 
paratively few. 

After  collecting  the  passages  in  which  the  two  words  occur,  and 
carefully  comparing  them,  we  shall  see  that,  libertus  is  essentially 
a  noun,  and  that  libertinus  is  primarily  an  adjective,  and  even 


Libertus  and  Libertinus.  11 

when  used  as  a  noun,  it  contains  the  abstract  or  general  significa- 
tion indicated  by  its  adjectival  suffix  ;  and  that  in  accordance  with 
these  fundamental  characteristics,  the  following  distinctions  may 
be  noted  : 

Libertus  is  specific  in  its  meaning, 

Libertinus  is  general. 

Libertus  reminds  us  of  a  man's  former  state,1 

Libertinus  shows  what  his  present  state  is.1 

Libertus  refers  to  freedmen  as  individuals,2 

Libertinus  refers  to  them  as  a  class.3 

Before  continuing  the  discussion  further,  I  desire  to  bring 
together  a  number  of  representative  passages  in  which  our  words 
occur,  and  this  parallel  study  of  them,  I  think,  will  throw  con- 
siderable light  upon  their  meaning.  By  being  brought  together 
thus  in  pairs,  their  distinguishing  shades  of  meaning  will  become 
more  evident. 

Cic.  Ver.  2,  1,  47,  §  123.  P.  Trebonius  viros  bonos  et  hones- 
tos  conplures  fecit  heredes  :  in  iis  fecit  suum  libertum.  And  in 
this  same  section,  Libertus,  nisi  ex  testamento  patroni  iurasset, 
scelus  se  facturum  arbitrabatur. 

Libertum  and  libertus  each  refer  to  an  individual  freedman  and 
in  the  use  of  the  words,  it  is  evident  that  there  is  no  conception 
in  the  mind  of  the  author  beyond  that  one  individual  freedman. 
Now  compare  with  this  the  same  chapter,  §  124,  Equiti  Romano, 
tarn  locupleti,  libertinus  homo  sit  heres  ? 

1  This  distinction  is  given  as  one  that  is  usually  present  but  not  always  so. 

2 1  do  not  mean  to  say  that  libertinus  can  not  refer  to  a  single  man.  What  I 
mean  is,  that  when  libertus  is  used,  a  definite  man  or  number  of  men  is  designated  ; 
and  the  statement  in  question  is  made  concerning  that  one  man  or  those  individ- 
ual men,  (if  the  word  be  plural ),  and  does  not  include  any  one  else.  Whereas, 
when  libertinus  is  used,  though  it  may  be  singular,  it  refers  to  a  man  as  belonging 
to  a  certain  class,  and  the  statement  in  question  is  made  concerning  him  as  a 
member  of  that  class  ;  and,  if  the  occasion  demand  it,  is  true  of  the  whole  class 
as  well  as  of  himself.  For  example  compare  the  the  use  of  libertinus  in  Cic.  Ver.  2, 
1,  47,  124  cited  on  this  page.  This  is,  to  my  mind,  the  prime  distinction  between 
libertus  and  libertinus ;  and  the  word  '  individual '  wherever  used  in  this  paper 
to  distinguish  between  the  two  words,  will  be  used  in  this  sense. 

3  With  regard  to  the  personnel  of  this  class,  see  below,  p.  29, 


12  The  Social  Standing  of  Freedmen  at  Rome. 

This  is  a  general  question  and  the  meaning  of  libertinus  here  is 
not  confined  to  that  one  individual  freedman.  It  includes  him, 
but  also  includes  any  other  freedman.  Can  a  freedman — that  is, 
any  freedman,  not  one  particular  individual — be  an  heir  to  a 
Roman  Knight? 

1)  Cic.  Cluent.  13,  38.     liberti  Asuvi,  et  non  nulli  amici  .  .  . 
in  eum  invadunt. 

2)  Cic.  Cat.  4,  8,  16.     Operae  pretium  est,  patres  conscripti, 
libertinorum  hominum  studia  cognoscere. 

1)  Cic.  Flac.  35,  88.     An  simultates  nescio  quas  cum  libertis 
vestris  Flaccus  exercet  ? 

2)  Cic.  Cluent.  19,  52.     Cum  ilia  defensione  usus  essem,  quae 
in  libertinorum  causis  honestissima  semper  existimata  est. 

1)  Cic.  Ver.  2,  3,  154.    Venio  nunc  ad  epistolam  Trimarchidi, 
liberti  istius. 

2)  Cic.  Cluent.  47,  132.     Nam  Popilium,  quod  erat  libertini 
films,  in  senatum  non  legit. 

1)  Cic.  Phil.  13,  5,  12.     libertus  Caesaris,  agri  Lucani  pos- 
sessiones  occupavit? 

2)  Cic.  Phil.   2,  2,  3.     Sed  hoc  idcirco  commemoratum  a  te 
puto,  ut  te  infimo  ordini  commendares,  cum  omnes  te  recordaren- 
tur  libertini  generum,  et  liberos  tuos  nepotes  Q.  Fadi,  libertini 
hominis,  fuisse. 

1)  Cic.  Cluent.  22,  61.    quia,  cum  ipse  familiarissime  Oppian- 
ico  usus,  libertus  autem  eius  in  maleficio  deprehensus  esset, 

2)  Cic.    Phil.    3,    6,    17.      ipse   ex   libertini   filia   susceperit 
liberos  ? 

1)  Cic.  Caecin.  20,  58.     Tarn  restitues,  si  tuus  me   libertus 
deiecerit, 

2)  Cic.  De  Leg.  3,  13,  30.     respondisset  .  .  .  duo  se  habere 
vicinos ;  superiorem,  equitem  Romanum  ;  inferiorem,  libertinum  : 

1)  Cic.  Att.  14,  5,  1.     Nam  ista  quidem  Caesaris  libertorum 
coniuratio  facile  opprimeretur, 

2)  Cic.  Att.  2,  1,  8.     an  libertinis  atque  etiam  servis   servi- 
amus? 


Libertus  and  Libertinus.  13 

1)  Cic.  Fam.  7,  25,  2.    ne  Apellae  quidem,  liberto  tuo,  dixeris. 

2)  Gic.  Att.  7,  4,  1.    frugi  hominem,  ac,  ne  libertinum  laudare 
videar,  plane  virum  bonum. 

1)  Plaut.  Persa,  82.     Hodie  illam  facial  leno  libertam  suam. 

2)  Plaut.  Miles,  962.     Yah,  egone  ut  ad  te  ab  libertina  esse 
auderem  internuntius. 

1)  Plaut.  Miles,  1357,     tibi  seruire  malui   |   Multo  quam  alii 
libertus  esse. 

2)  Plaut.  Persa,  839  f.  Sed  ita  pars  libertinorumst :  nisi  patrono 
qui  aduorsatust  |  Nee  satis  liber  sibi  uidetur. 

1)  Plaut.  Capt.  735.     Inde  extra  portam  ad  meum  libertum 
Cordalum 

2)  Plaut.  Miles,  784.     Ecquam  tu  potis  reperire  forma  lepida 
mulierem,  .  .  .  |  Ingenuamne  (h)an(c)  libertinam  ? 

1)  Plaut.  Ps.  176.     Quam  libertam  fore  mihi  credam 

2)  Plaut.  Poen.  832.    Quoduis  genus  ibi  hominum  uideas,  .  .  . 
|  Equitem,  peditem,  libertinum,  furem  ad  fugitiuom  uelis, 

1)  Hor.  Sat.  2,  3,  122.     Filius  aut  etiam   haec  libertus  ut 
ebibat  heres. 

2)  Hor.  Sat.  2,  3,  281-2.    Libertinus  erat,  qui  circum  compita 
siccus,  |  Lautis  mane  senex  manibus  currebat  et  unum, 

1)  Hor.  Sat.  1,  1,  99.     ad  usque  |  Supremum  tempus,  ne  se 
penuria  uictus  |  Opprimeret,  metuebat,  at  hunc  liberta   securi  | 
Diuisit  medium, 

2)  Hor.  Sat.  2,  7,  12.     Aedibus  ex  magnis  subito  se  conderet, 
unde  |  Mundior  exiret  uix  libertinus  honeste, 

I  have  placed  these  two  passages  together  because  of  the  possible 
proximity  in  meaning  of  the  two  words.  Each  has  to  stand  on 
its  own  intrinsic  meaning  for  interpretation,  that  is,  liberta  in 
the  first  passage  is  not  accompanied  by  any  modifier  such  as  a 
possessive  pronoun  or  a  genitive  to  show  individuality  or  relation- 
ship to  patron.  On  the  other  hand,  libertinus  as  a  noun  stands 
nearer  libertus  than  the  adjective  does.  Each  is  in  the  singular ; 
and  the  context  does  not  give  a  very  decided  coloring  in  either 


14  The  Social  Standing  of  Freedmen  at  Rome. 

case.  Yet  it  seems  to  me  evident  that  Horace  in  the  first  example, 
in  the  use  of  liberta,  had  in  mind  the  idea  of  one  individual  freed- 
woman ;  and  in  the  second  example,  by  the  use  of  libertinus,  he 
has  in  mind  a  man  of  the  freedman  class ;  that  the  idea  is  not 
confined  to  any  individual  freedman  as  in  the  first  case. 

1)  Caes.  B.  C.  1,  34,  2.     quas  Igilii  et  in  Cosano  a  privatis 
coactas  servis,  libertis,  colonis  suis  compleverat ; 

2)  Hor.  Sat.  1,  2,  48.     Tutior  at  quanto  merx  est  in  classe 
secunda,  libertinarum  dico, 

1)  Livy  45,  44,  19.     Solitum  libertumque  se  populi  Romani 
ferre 

2)  Livy  43,  3,  4.     Earn  coloniam  esse  libertinorumque  appel- 
lari. 

1)  Cic.  Fam.  3,  1,  2.     Cilix,  libertus  tuus,  antea  mihi  minus 
fuit  notus : 

2)  Livy  4,  3,  7.     taiiquam  servum  aut  libertinum  aliquis  con- 
sulem  futurum  dicat  ? 

1)  Cic.  Fam.  12,  29,  2.     si  negotia  Lamiae,  procuratores,  li- 
bertos,  familiam,  quibuscumque  rebus  opus  erit,  defenderis,  gratius 
mihi  futurum, 

2)  Livy  36,  2,  15.     et  in  earn  classem  socios  na vales  libertinos 
legeret. 

1)  Cic.   Fam.   4,   12,   3.     Inveni   duos   libertos   et   pauculos 
servos ;   reliquos  aiebant  profugisse,  metu  perterritos,  quod  dom- 
inus  eorum  ante  tabernaculum  interfectus  esset. 

2)  Livy  10,  21,  4.     sed  seniorum  etiam  cohortes  factae  liber- 
tinique  centuriati, 

1)  Cic.  Q.  Fr.  1,  1,  4,  13.     qui  hoc  non  in  beneficii  loco,  sed 
in  laboris  ac  muneris  non  temere  nisi  libertis  suis  deferebant 

2)  Livy  9,  46,  10.    qui   senatum   primus   libertinorum   filiis 
lectis  inquinaverat, 

1)  Tac.  Ann.  11,  12,  4.     servi  liberti  paratus  principis  apud 
adulterum  visebantur. 

2)  Tac.    Ann.    11,    24,    7.      libertinorum    filiis    magistratus 
mandare  non,  ut  plerique  falluntur,  repens, 


Libertus  and  Libertinus.  15 

1)  Tac.  H.  2,  57.     Postulante    exercitu,   ut    libertum  suum 
Asiaticum  equestri  dignitate  donaret, 

2)  Tac.  H.    2,   8.     Libertinus  ex    Italia    citharae   et  cantus 
peritus, 

1)  Tac.  Ann.  6,  38,  2.     multa  et  atrocia  in  Macronem  ac 
praecipuos  libertorum  Caesaris  conposuit, 

2)  Livy  45,  15,  6.     in  ea  Ti.  Gracchus  pronuntiavit  libertinos 
omnes  censeri  placere. 

1)  Tac.  H.  2,  94.     Liberti  principum  conferre  pro  numero 
rnancipiorum  ut  tributum  iussi. 

2)  Livy  45,  15,  1.     in  quattuor  urbanas  tribus  descripti  erant 
libertini,  praeter  eos,  quibus  films  quinquenni  maior  ex  se  natus 

esset, 

1)  Velleius  Pater.  2,  73,  1.     Hie  adulescens  erat  studiis  rudis 
sermone  barbarus  .  .  .  libertorum  suorum  libertus, 

2)  Livy  22,  11,  8.     libertini  etiam,  quibus  liberi  essent  et  aetas 
militaris,  in  verba  iuraverant. 

1)  Tac.  H.  2,  92.     etiam  plebs  adprobavit,  quod  reversis  ab 
exilio  iura  libertorum  concessisset, 

2)  Tac.  Ann.  14,  39,  3.     apud  quos  flagrante  etiam  turn  liber- 
tate  nodum  cognita  libertinorum  potentia  erat : 

1)  Tac.  H.  3,  58.     Hortantibus  libertis  (nam  amicorum  eius 
quanto  quis  clarior,  minus  fidus)  vocari  tribus  iubet, 

2)  Tac.  H.  3,  58.     Equites  Romani  obtulere  operam  pecuni- 
asque,  etiam  libertinis  idem  munus  ultro  flagitantibus. 

The  two  words  are  brought  together  again  here  under  very 
similar  circumstances.  They  are  in  the  same  chapter,  are  both 
nouns,  and  libertis  is  not  accompanied  by  any  genitive  or  possessive 
modifier,  but  the  parenthetical  remark  following  libertis  makes  it 
quite  clear  that  that  word  is  specific  or  private  in  its  meaning. 
On  the  other  hand,  it  is  quite  clear  that  libertinis  in  the  second 
citation  is  more  general,  not  confined  to  Vitellius'  own  freedmen 
but  refers  to  the  general  class  of  freedmen. 


16  The  Social  Standing  of  Freedmen  at  Rome. 

1)  Juv.  2,  59.     Notum  est  cur  solo  tabulas  impleverit  Hister 
Liberto, 

2)  Juv.  1,  102.     Sed  libertinus  prior  est. 

1)  Val.  Max.  2,  6,  6.     convictus  a  patrono  libertus  ingratus 
iure  libertatis  exuitur ! 

2)  Val.  Max.  6,  3,  11.    Sensit  Q.  Antistius  Vetus  repudiando 
uxorem,  quod  illam  in  publico  cum  quadam  libertina  .  .  .  loquen- 
tem  videret. 

1)  Quint.  6,  3,  81.     Afer,  cum  ageret  contra  libertuni  Claudii. 

2)  Quint.  7,  3,  27.     Servus,  cum  manumittur,  fit  libertinus, 
addictus  recepta  libertate  ingenuus  : 

2)  Plin.  H.  N.  31,  2,  5.  nomine  accepto  a  Claudi  Caesaris 
liberto 

2)  Plin.  H.  N.  14,  4,  49.  Magna  fama  et  Vetuleno  Aegialo 
perinde  libertino  fuit, 

1)  Mart.  3,  46,  2.     Non  eo,  libertum  sed  tibi  mitto  meum. 

2)  Mart.  3,  33,  2.     Ingenuam  malo,  sed  si  tamen  ilia  negetur,  | 
Libertina  mini  proxima  condicio  est : 

1)  Suet.  Claud,  27.     Claudiam  ex  liberto  suo  Botere  coneptam 

2)  Suet.  Aug.  2.     M.  Antonius  libertinum  ei  proavum  expro- 
brat  restionem,  e  pago  Thurino. 

1)  Suet.  Claud .  25.     advocatisque ;  eorum  negavit  se  adversus 
libertos  ipsorum  ius  dicturum. 

2)  Suet.  Claud.  25.     Libertinos,  qui  se  pro  equitibus  Romanis 
agerent,  publicavit, 

1)  Suet.  Tib.  19.     paucos  milites  cum  liberto  suo  trans  ripam 
venatum  mississet, 

2)  Suet.    Vit.    7.      cum   libertino    cuidam   acerbius   debitum 
reposcenti  iniuriarum  formulam,  .  .  .  intendisset, 

1)  Phaed.  3,  10,  11.     Seductus  in  secretum  a  liberto  est  suo, 

2)  Gell.  5,  19,  11.      Libertinos  vero   ab  ingenuis   adoptare 
quidem  iure  posse  Masurius  Sabinus  scripsit. 

Libertinus  when  used  as  an  adjective  gives,  of  course,  a  more 
general  coloring  than  the  noun  ;  that  is,  there  seems  to  be  a  greater 


Libertus  and  Libertinus.  17 

difference  between  it  and  libertus  than  between  the  noun  libertinus 
and  libertus.  This  increased  distinction  will  be  evident  from  the 
following  list  of  pairs  when  compared  with  the  preceding  list,  in 
which  the  words,  with  two  exceptions,  are  nouns. 

1)  Cic.  Fam.  4,  9,  1.     cum  Theophilus,  libertus  tuus,  proficis- 
ceretur, 

2)  Livy    43,    12,    9.     In    classem    inille    socii  navales   cives 
Romani  libertini  ordinis,  .  .  .  scriberentur  ; 

1)  Cic.  Fam.  2,  7,  3.     quas  Thrasoni,  liberto  tuo,  dedi. 

2)  Livy  9,  46,  1.     scriba,  patre  libertino,  humili  fortuna  ortus, 

1)  Cic.  Cluent.  17,  49.     Is  erat  libertus  Fabriciorum, 

2)  Cic.  Cat.  3,  6,  14.     in  P.  Umbrenum,  libertinum  hominem. 

1)  Cic.  Cluent.  42,  120.     Nunc,  si  quern  Cn.  Lentuli  aut  L. 
Gelli  libertus  furti  condemnarit, 

2)  Cic.  Balb.  11,  28.     de    Cn.   Publicio   Menandro,  libertino 
homine, 

1)  Cic.  Fam.  10,  25,  3.     cum  Dardanus,  libertus  tuus,  inter- 
esset. 

2)  Cic.  Phil.  2,  2,  3.     et  liberos  tuos  nepotes  Q.  Fadi,  liber- 
tini hominis, 

1)  Cic.  Att.  6,  2,  1.    cum  Philogenes,  libertus  tuus  .  .  venisset, 

2)  Hor.  Sat.  1,  6,  6.     me  libertino  patre  natum. 

1)  Tac.  Ann.  13,  23,  3.     quippe  nominatis  libertis  eius,  quos 
conscios  haberet,  respondit 

2)  Tac.  Ann.  2,  85,  5.     ut  quattuor  milia  libertini  generis  .  .  . 
veherentur, 

1)  Tac.  Ann.  13,  1,  4.     Narcissus   Claudii   libertus,  ...  ad 
mortem  ad  igitur, 

2)  Tac.  Ann.  4,  62,  2.     Atilius  quidam  libertini  generis,  quo 
spectaculum  gladiatorum  celebraret, 

1)  and  2)  Tac.  Ann.  15,  72,  4.  Igitur  matre  libertini  ortus, 
quae  corpus  decorum  inter  servos  libertosque  principum  vul- 
gaverat, 


18  The  Social  Standing  of  Freedmen  at  Rome. 

1)  Plin.    H.    N.    25,    2,    7.      Pompeius  .  .  .  libertum    suum 
Lenaenum  grammaticae  artis  iussit, 

2)  Plin.  H.  N.  33,  1,  17.     libertino  patre  alioqui  genitus, 

1)  Plin.  Ep.  9,  21.     Libertus  tuns  .  .  .  venit  ad  me. 

2)  Val.  Max.  2,  5,  2.     libertino  patre  genitus. 

1)  Mart.  7,  62,  3.     Ne  quid  liberti  narrent  servique  paterni, 

2)  Mart.  5,  13,  6.     Et  libertinas  area  flagellat  opes. 

1)  Suet.  Caes.  76.      et  imperium  Rufini  liberti  sui  filio  .  .  . 
demandavit. 

2)  Suet.  Aug.  44.     cum  quosdam  etiam  libertini  generis  mitti 
deprehensit. 

1)  Suet.  Aug.  24.     (eum)  liberto  suo  addixit. 

2)  Suet.  Aug.  25.     Libertino  milite  ...  bis  usus  est. 

1)  Plin.  Ep.  10,  30.     Scripsit  mihi,  Domine,  Lycormas  liber- 
tus  tuus. 

2)  Gell.  5,  19,  12.     neque  permittendum  esse  umquam  putat 
ut  homines  libertini  ordinis  per  adoptiones  in  iura  ingenuorum 
invadunt. 

ADDITIONAL  CITATIONS  NOT  SEPARATELY  DISCUSSED. 
Libertinus. 

Auct.  Bell.  Afr.  19,  4;  and  36,  1. 

Auct.  Vir.  Illustr.  (Aur.  Viet.),  32,  2 ;  34,  1 ;  57,  3 ;  72,  5. 

Cic.  Balb.  25,  56;  Sest.  45,  97;  Sest.  52,  10;  Mil.  12,  33;  Att. 

7,  4,  1. 

Quint  Cic.  De  Pet.  Cons.  8. 
Gell.  5,  19,  12. 

Hor.  Epod.  14,  15 ;  Ode,  1,  33,  15 ;  Sat.  1,  6,  45 ;  1,  6,  46. 
Livy,  22,  1,  18;  39,  12,  1;  39,  13,  2  ;  74 ;  84. 
Lucil.  26,  455,  (Baehrens). 
Macrob.  Sat.  1,  1,  12;  1,  6,  13  (2  times);  1,  6,  14;  1,  11,  32 

(2  times). 


Libertus  and  Libertinus.  19 

Petron.  Cena  Trim.  38. 

Plin.  H.  N.  14,  4,  48 ;  15,  14,  50. 

Quint,  Inst.  5,   10,  6;  11,   1,  86;  11,  1,  88;  Declam.  311  (2 

times). 

Script.  Hist.  Aug.  (Peter),  Vol.  I,  pp.  11;  102;  103;  114;  261. 
Scholia : 

Acron  et  Porph.  on  Hor.  Sat.  2,  3,  281 ; 

Orelli  and  Baiter,  Vol.  V,  Part  I,  pp.  221 ;  330 ;  Part  II, 

pp.46;  52;  64;  66;  193;  199;  346;  410;  426. 
Sen.  Dial.  7,  24,  3;  5,  15,  1 ;  Ep.  27,  5;  31,  11;  44,  6;  86,  7; 

Nat.  Quaest.  4,  praef.  7  ;  1,  17,  9. 
Suet.  Claud.  24  and  26 ;  Dom.  7 ;  Gram.  10  and  17  ;  Otho,  2  ; 

Vit.  2; 

Suet.  Reliq.  (Reiff.)  pp.  35  ;  36  ;  44  ;  386. 
Tac.  Ann.  14,  55,  7;  Hist.  3,  58  ;  Ger.  24  and  25. 

Libertus. 

Auct.  Bell.  Alex.  55,  3 ;  Hisp.  33. 

Cic.  Q.  Caecil.  17,  55  ;  Caecin.  6,  17  ;  20,  57  ;  20,  63  ;  Cluent. 

16,  47;  17,  49  ;  22,  60;  Flac.  35,  87  ;  35,  88  (2  times); 

36,  89;  4,  10;  Mil.  33,  89;  Pis.  25,  61;  Sex.  Rose.  8, 

22;  45,  130;  49,  141;  Scaur.  2,  10-12  (3  times);  Sest. 

35,  76;  Ver.  2,  1,  47  (2  times);  2,  3,  157  (2  times);  2, 

4,  8  ;  Paradox.  6,  46  (2  times). 
Cic.  Att.  1,  12  (3  times);  3,  15,  1  ;  3,  15,  3;  3,  17,  1 ;  5,  20, 

7 ;  6,  2,  2 ;  10,  7,  2  ;  10,  18,  1 ;  11,  6,  7  ;  11,  13,  1  ; 

13,  2,  2 ;  13,  14,  1 ;  13,  33,  1 ;  13,  37,  1 ;  13,  52,  2 ; 

14,  5,   1 ;  14,  9,  1  ;  14,  17,  1  ;  16,  4,  1  ;  Fam.  1,  3,  2  ; 
3,  1,  1 ;  3,  8,  5  ;  3,  8,  8  ;  6,  10,  1 ;  7,  14,  1 ;  7,  23,  3  ; 
8,  7,  1  ;  12,  26,  2 ;  13,  14,  2  ;  13,  16,  1 ;  13,  21,  2 ;  13, 
23,  1  ;  13,  23,  2 ;  13,  60  (2  times) ;  13,  69,  1 ;  13,  70 ; 
14,4,4;  Q.  Fr.  1,2,  16;  1,3,4. 

Q.  Cic.  De  Pet.  Cons.  5,  17. 

Gell.  6,  3,  8 ;  10,  1,  7  ;  13,  9,  1 ;  15,  6,  2  ;  17,  16,  2  ;  4, 10,  6. 

Juv.  7,  43;  6,  146;  5,  28. 


20  The  Social  Standing  of  Freedmen  at  Rome. 

Macrob.  Sat.  1,  11,  17;  1,  11,  18  (3  times);    2,  1,  12;  2,  4,  24 

(2  times)  ;  7,  3,  13. 
Mart.  3,46,12;  6,28,  1;  6,29,4;  13,121,2;  1,2,7;  2,32,4; 

11,  39,  15  ;  10,  34,  4. 
Pers.  6,  23. 

Petron.  Cena  Trim.  38  ;  41 ;  45  ;  71 ;  76  ;  141. 
Phaed.  3,  10,  11 ;  3,  10,  44. 
Plant.  Asm.  652 ;  Per.  491 ;  797  ;  Poen.  164. 
Plin.  H.  N.  1,  11  ;    6,  22,  84;    7,  16,  75;    12,  1,  12  (2   times); 

13, 15,  93  ;  13,  15,  94  ;  17, 17, 122  ;  25,  2,  5  ;  35,  7,  52  ; 

36,  7,  60. 
Plin.  Epist.  2,  6  (5  times) ;  2,  11 ;  2,  17  ;  4,  11 ;  5,  19 ;  6,  31 ; 

7,  6  ;  7,  11 ;  7,  14 ;  7,  24 ;  7,  27  ;  8,  6  (3  times) ;  8,  14 

(4  times) ;    9,  24  ;  9,  34  ;    10,  5  (2  times) ;   10,  32  ;  10, 

38  ;  10,  51 ;  10,  52  ;  10,  87  ;  Pan.  88  (4  times). 
Quint.  Inst.    1,  2,  5  ;    6,  3,  5  ;    6,  3,  81  ;    6,  3,  84  ;    7,  7,  9  (3 

times);    10,  7,  31  ;     11,  1,  66;    Declam.  318  ;    388  (15 

times). 

Rhet.  Lat.  Min.  (Halm),  pp.  201 ;  329;  486. 
Sal.  Cat.  50  (2  times) ;  59. 
Scholia  : 

Acron  et  Porph.  on  Hor.  Sat.  2,  3,  281. 

Orel,  and  Bait.  Y,  pp.  47;  49;  51;  56;  145;  194;  309; 

424;  437. 

On  Ter.  (Schlee),  pp.  81;  83;  105. 
Script.  Hist.  £.ug.  1,  15,  9;  1,  16,  1;  1,  21,  2  (3  times);  3,  11, 

1  (2  times);  4,  11,  8;  4,  15,  2;  4,  20,  5;  5,  8,  6;  5,  8, 

8;  5,9,5;  5,10,5;  7,7,2;  7,14,7;  8,13,9;  10,20, 

1;  13,  4,  3;  17,   11,  1;  18,  3,  2;  18,  21,  4;  26,  36,  4; 

26,  50,  3 ;  29,  6,  2 ;  29,  7,  6. 
Sen.  Dial.  5,  35,  1 ;  Apocol.  6,  2 ;  13,  5. 
Serv.  on  Aen.  8,  179  (2  times);  11,  143 ;  Buc.  10,  1. 
Suet.  Caes.  27 ;  48  ;  75 ;  Aug.  45  ;  65 ;  67  (2  times) ;  72 ;  79 ;  101 ; 

Tib.  76 ;  Calig.  12  ;  39  ;  Claud.  13  ;  25  (2  times)  ;  28 ;  37 ; 

40;  43;    Nero,    5;   22;   23;   29;  34;  35;   47;  48;  49; 

Galba,  4;  10 ;  14;  15;  20;  Otho,  6;  7;  Vit.  14  (2  times); 

Tit.  2;    Dom,   8;  14;  17;    Gram.  5;  6;  11;  12;  15;  16; 

20  (2  times). 


Libertus  and  Libertinus.  21 

Suet.  Eeliq.  (Reiff.)  pp.  62;  135;  136  (2  times);  386;  417;  432; 

503. 
Tac.  Agr.   19;  25;  40;  41;  43;    Ann.  2,  31;  3,  15,  5;  4,  6,  7; 

4,23,1;    6,21,1;    11,33,21;    11,35,1;    11,36,3; 

11,37,4;    11,37,5;    12,1,1;    12,25,4;    12,53,1; 

13,1,3;     13,2,4;     13,12,1;     13,19,4;     13,21,2; 

13,  21,  7  ;    13,  26,  1  ;    13,  26,  3 ;   13,  27,  6  ;   13,  27,  7  ; 

13,44,7;  13,47,2;  14,2,2;  14,2,3;  14,3,5;  14, 

6,  1 ;  14,  7,  6  ;  14,  10,  5;  14,  39,  1  ;  14,  45,  4 ;  14,  65, 

1  ;  15,  35,  3  ;  15,  45,  6  ;   15,  54,  1  ;   15,  55,  1  ;  15,  55, 

3  ;  15,  64,  1  ;   15,  72,  4  ;   16,  5,  5  ;  16,  8,  1  ;   16,  10,  2  ; 

16,  10,  3  ;  16, 10,  5 ;  16,  12,  2  ;  16,  23,  1  ;  Dial.  7  ;  13  ; 

17  ;    Hist.  1,  4  ;    1,  7  ;   1,  13  ;   1,  22  ;  1,  25  ;   1,  27  ;    1, 

49;   1,58;   1,87;   2,49;   2,53;   2,54;   2,65;   2,65; 

2,  91 ;  3,  12;  3,  47;  3,  74  ;  4,  59  ;  5,  9. 
Ter.  Andr.  37 ;  Eun.  608. 
Varro,  De  Ling.  Lat.  8,  83;  Sat.  Men.  Bim.  3. 
Veil.  Pater.  2,  70,  2;  2,  73,  1  (2  times) ;  2,  71,  3. 

The  frequency  with  which  our  two  words  are  used  by  the  Latin 
authors,  as  collected  for  this  paper,  is  as  follows : 

Ateius  Capito,  libertus  1,  libertinus  1. 

Auct.  Bell.  Afr.,  libertinus  2. 

Auct.  Bell.  Alex.,  libertus  1. 

Auct.  Bell.  Hisp.,  libertus  1,  libertinus  1. 

Auct.  Vir.  Illustr.  (Aur.  Viet.),  libertinus  3. 

Caes.  B.  C.,  libertus  1. 

Gael,  to  Cic.,  libertus  1. 

Cic.,  libertus  97,  libertinus  19. 

Cic.  Q.,  libertus  1. 

Codex  Gregor.,  libertus  7. 

Codex  lustin.,  libertus  100,  libertinus  19. 

Codex  Theod.,  libertus  16,  libertinus  8. 

Dig.  lustin.,  libertus  824,  libertinus  53. 

Frag.  Vat.,  libertus  20,  libertinus  1. 

Gaius  Inst.,  libertus  43,  libertinus  10. 


22  The  Social  Standing  of  Freedmen  at  Rome. 

Gell.,  libertus  6,  libertinus  3. 

Horace,  libertus  3,  libertinus  9. 

Inst.  lustin.,  libertus  41,  libertinus  12. 

Isidor.  Orig.,  libertus  1,  libertinus  1. 

lurispr.  Ante-Hadrian.,  libertus  13,  libertinus  4. 

Juv.,  libertus  4,  libertinus  1. 

Livy,  libertus  1,  libertinus  20. 

Lucil.,  libertinus  1. 

Macrob.,  libertus  7,  libertinus  8. 

Mart.,  libertus  10,  libertinus  2. 

Mos.  et  Rom.  Leg.,  libertus  1,  libertinus  8. 

Paul.  lul.,  libertus  32. 

Pers.,  libertus  1. 

Petron.,  libertus  5,  libertinus  1. 

Phaed.,  libertus  2. 

Plant.,  libertus  21,  libertinus  4. 

Plin.,  H.  N.,  libertus  15,  libertinus  5. 

Plin.  (Minor),  libertus  41. 

Quint.,  libertus  27,  libertinus  4. 

Rhet.  Lat.  Min.,  libertus  3,  libertinus  2. 

Sail.,  libertus  3. 

Scholia,  libertus  14,  libertinus  17. 

Script.  Hist.  Aug.,  libertus  26,  libertinus  5. 

Sen.,  L.  A.,  libertus  3,  libertinus  10. 

Serv.  on  Verg.,  libertus  4. 

Suet.,  libertus  72,  libertinus  27. 

Tac.,  libertus  102,  libertinus  13. 

Ter.,  libertus  2,  libertinus  9. 

Ulp.  Reg.,  libertus  21,  libertinus  6. 

Val.  Max.,  libertus  1,  libertinus  3. 

Varro,  libertus  3,  libertinus  3. 

Veil.  Pater.,  libertus  4. 

Total  for  the  literature,  libertus  483,  libertinus  163. 

Total  for  the  law  codes,  libertus  1119,  libertinus  122. 

Grand  total,  libertus  1602,  libertinus  285. 

Fortunately,  a  large  portion  of  the  references  from  the  classical 


Libertus  and  Libertinus.  23 

writers,  about  one-fourth  of  the  entire  list,  occurs  in  the  works  of 
Cicero ;  and  nearly  half  of  these  in  the  Orations,  where  we  may 
expect  the  observance  of  the  exact  meaning  of  words.  Both  words 
are  frequent  here,  while  in  the  letters,  libertinus  occurs  only  three 
times  to  fifty-four  for  liberties.  The  circumstances  and  the  subject 
matter  of  the  Orations  and  the  Letters  naturally  cause  this  contrast. 
It  is  significant  also  that  Livy  uses  libertinus  almost  exclusively, 
and  that  just  the  opposite  is  true  of  Pliny  the  Younger.  Livy's 
subject  matter  and  manner  of  treatment  call  for  classes  of  men  ; 
Pliny  discusses  individuals.1 

In  the  examples  quoted  above  libertus  is  sometimes  used  with 
an  accompanying  genitive  or  possessive  pronoun  referring  to  a 
patron.  In  other  instances  there  are  no  such  qualifying  words 
and  the  freedmen  in  question  are  spoken  of  as  so  many  individuals, 
with  no  suggestion  of  a  patron.  On  the  other  hand  there  are  a 
few  quotations  containing  libertinus  where  there  is  a  direct  refer- 
ence to  the  patrons  of  the  freedmen  in  question.  But  in  every 
instance  where  libertus  is  used,  a  definite  individual  or  a  given 
number  of  individuals  is  spoken  of,  they  are  men  that  have  been 
manumitted,  and  the  word  includes  only  those  specific  persons ; 
whereas  when  libertinus  is  used,  the  thought  is  primarily  adjectival 
and  even  when  the  word  is  a  noun,  it  still  has  the  adjectival 
coloring  and  refers  to  men  as  belonging  to  a  certain  class. 

That  libertus  designates  a  freedman  in  reference  to  his  patron  is 
a  truth  but  not  the  whole  truth ;  in  other  words,  this  is  only  one 
of  the  distinguishing  features  of  libertus.  It  is,  however,  an 
attendant  circumstance  rather  than  a  primary  characteristic,  a 
result  rather  than  a  cause. 

The  feature  of  individuality,  of  '  the  man  that  has  been  freed ' 
naturally  carries  with  it  the  conception  of '  freedman  in  relation  to 
his  patron '  and  this  conception  is  in  the  majority  of  cases,  but  not 
in  all,  present  either  in  the  sentence  itself  or  may  be  inferred  from 
the  context  when  libertus  is  used,  but  very  frequently  can  only  be 
inferred.  But  in  many  of  the  examples  of  libertus,  while  the 
presence  of  the  patron  may  be  inferred  from  the  context,  that  does 

1  See  footnote  on  page  11. 


24  The  Social  Standing  of  Freedmen  at  Rome. 

not  seem  to  me  to  be  the  cause  why  libertus  is  used.  The  real 
cause  seems  to  lie  in  the  fact  that  definite  individuals  are  referred 
to  and  the  word  used  includes  only  those  specific  persons.  They 
are  spoken  of  too  as  citizens  ;  that  is  with  the  idea  of  the  presence 
of  a  patron  no  more  prominent  than  is  frequently  the  case  when 
libertinus  is  used.  The  meanings  in  many  instances  are  :  a  freed- 
man, the  freedman,  his  freedman,  Caesar's  freedman,  etc. 

In  many  instances  where  libertus  is  used,  even  without  a  quali- 
fying pronoun,  it  may  be  translated  his  freedman,  your  freedman, 
etc.,  but  this  is  not  always  so ;  for  the  person  in  question  is  some- 
times some  other  man's  freedman,  that  is,  is  not  the  freedman  of 
the  speaker  or  of  the  principal  character  in  the  sentence  ;  as  in 

Plaut.  Asin.  411.     Hodie  salvere  iussi  Libanum  libertum? 

The  speaker  here  is  not  the  patron.  The  patron  is  not  on  the 
stage  and  is  not  thought  of.  There  is  no  more  suggestion  of  him 
than  if  libertinus  had  been  used.  The  idea  seems  to  be,  "  Do  I 
greet  Libanus  the  freedman  ? "  Note  that  the  expression  here 
"the  freedman"  (libertus),  stands  very  close  to  the  thought,  'a 
man  of  the  freedman  rank/  which  would  be  libertinus.  By  the 
use  of  libertus,  the  thought  of  the  manumission  is  made  prominent, 
the  substantive  feature  is  strong,  and  only  this  one  individual  is 
included  in  the  word. 

There  are  places  also  where  it  is  evident  from  the  context 
whose  freedman  a  given  individual  is,  and  yet  it  is  clear  that  the 
author  did  not  intend  to  express  this  relation,  and  we  would  not 
be  justified  in  supplying  the  possessive  pronouns  in  such  places  ; 
the  meaning  being  the  freedman  or  that  freedman  rather  than  his 
freedman.  cf.  Cic.  Ver.  21,  47,  123.  Libertus  iurat.  and  at  ille 
libertus  .  .  .  scelus  se  facturum  arbitrabatur.  Cic.  Scaur.  6,  12. 
Confirmata  vero  suspicio  est,  quod  anu  mortua  libertus  statim 
tamquam  opere  confecto  Romam  est  profectus,  Aris  autem,  simulac 
libertus  de  morte  uxoris  nuntiavit,  continue  Romae  matrem  illam 
Bostaris  duxit  uxorem. 

Libertus  here  designates  a  man  who  has  been  freed.  It  is  re- 
stricted to  a  single  individual,  but  he  is  spoken  of  as  a  citizen,  that 


Libertus  and  Libertinus.  25 

is,  not  as  the  freedman  of  Aris.  He  probably  owed  no  obliga- 
tions or  respects  as  a  freedman  to  Aris  as  a  patron.  These  re- 
spects were  due  to  the  wealthy  old  woman,  the  wife  of  Aris, 
whom  it  was  thought  he  had  killed.1 

Tac.  Ann.  13,  12,  1.  Ceterum  infracta  paulatim  potentia  matris 
delapso  Nerone  in  amorem  libertae,  cui  vocabulum  Acte  fuit. 
Compare  also  Cic.  Fam.  4,  12,  3,  and  Hor.  Sat.  2,  5,  71.  This 
use  of  libertus  is  not  infrequent. 

There  are  places  also  where  it  is  not  clear  whose  freedman  is  re- 
ferred to  ;  and  all  that  liberties  does  is  to  point  out  certain  indi- 
viduals, indicating  their  class,  speaking  of  them  in  the  same 
manner  that  they  would  be  spoken  of  if  they  had  no  patrons.  Cic. 
Flac.  20,  47.  Interim,  neque  ita  longo  intervallo,  libertus  a 
Fufiis  cum  letteris  ad  Hermippum  venit.  Suet.  Vesp.  23.  Et  de 
Cerylo  liberto,  qui  dives  admodum  ob  subterfugiendum  quandoque 
ius  fisci,  ingenuum  se  et  Lachetem  mutato  nomine  coeperat  ferre. 
Compare  also  Cic.  Att.  6,  1,  21  ;  Tac.  Ann.  2,  12  ;  Tac.  Ann.  6, 
24,  2 ;  Suet.  Tib.  23. 

Again  there  are  places  where  libertus  seems  to  have  a  signification 
almost  as  general  as  libertinus  j  and  yet  we  can  not  say  that  the 
idea  of  freedman  as  a  class  and  not  individual  freedmen  was  in 
the  author's  mind.  Compare 

Tac.  H.  4,  11.  Asiaticus  enim  (is  libertus)  malam  potentiam 
servili  supplicio  expiavit. 

Tac.  H.  1,  46.  In  Marcianum  Icelum  ut  in  libertum  palam 
an  imadversum. 

Suet.  Nero  32.  Ante  omnia  instituit  ut  e  libertorum  defunc- 
torum  bonis  pro  semisse  dextans  ei  cogeretur,  qui  sine  probabili 
causa  eo  nomine  fuissent,  quo  essent  ullae  familiae,  quas  ipse  con- 
tingeret : 

These  men  are  spoken  of  simply  as  citizens.  There  is  no  more 
suggestion  of  relationship  to  patron  than  if  libertinus  had  been 
used.  The  knowledge  that  each  of  these  men  had  himself  once 
been  a  slave  probably  leads  to  the  use  of  libertus. 

As  noted  above,  the  concept  of  ' relation  to  patron'  is  sometimes 

1  See  sections  9-12  of  this  chapter. 


26  The  Social  Standing  of  Freedmen  at  Rome. 

present  when  libertinus  is  used,  as  for  example  in  Cic.  Sex.  Rose. 
7,  19,  Occiso  Sex  Roscio  primus  Ameriam  nuntiat  Mallius  Glaucia 
quidam,  homo  tennis,  libertinus ;  cliens  et  familiaris  istius  T. 
Roscii.  Note  here  the  words  libertinus,  cliens,  T.  Roscii.  Com- 
pare also  the  following : 

Cic.  Cluent.  19,  52.  Cum  ilia  defensione  usus  essem  quae  in 
libertinorum  causis  honestissima  semper  existimata  est,  Seaman- 
drum  patrono  esse  probatum  fatebatur,  sed  querebat,  cui  probatus 
esset  ipse  patronus. 

Plaut.  Persa,  839.  Sed  ita  pars  libertinorumst :  nisi  patrono 
qui  advorsatust  |  Nee  satis  liber  sibi  videtur  nee  satis  frugi  nee  sat 
honestus.  Some  libertini  do  not  seem  to  feel  free  enough  unless 
they  can  abuse  their  patrons. 

Suet.  Claud.  25.  Libertines,  qui  se  pro  equitibus  Romanis 
agerent,  publicavit.  Ingratos  et  de  quibus  patroni  quererentur, 
revocavit  in  servitutem. 

For  similar  use  of  libertinus  see  Cic.  Ver.  2,  1,  47 ;  Livy  41,  8, 
10;  Suet.  Caes.  2;  Suet.  Calig.  16  ;  Suet.  Gram.  5  and  18;  Suet. 
Rhet.  3. 

The  practice,  therefore,  of  distinguishing  the  two  words  on  the 
question  of  relationship  to  patron  is  open  to  objection  on  account 
of  the  numerous  exceptions  on  the  part  of  both  words.  The  most 
that  we  may  say  of  this  feature  is,  that  in  the  majority  of  cases,  libertus 
carries  with  it  the  idea  of  relationship  to  patron,  but  as  a  result  or 
an  attendant  circumstance,  and  libertinus  usually  does  not ;  but  to 
my  mind  the  clearest  distinction  between  the  two  words  is  the  one 
stated  above :  that  libertus  designates  freedmen  as  individuals, 
persons  that  have  been  manumitted ;  while  libertinus  refers  to 
them  as  a  class.  There  are  practically  no  exceptions  in  the  use 
of  the  two  words  as  thus  distinguished. 

It  may  be  observed  that  a  number  of  the  authors  have  set 
phrases  that  they  are  fond  of  using  when  the  adjective  libertinus 
is  employed.  In  every  instance  where  Cicero  uses  the  word  as  an 
adjective,  it  modifies  the  word  homo,  (one  possible  exception  where 
it  may  be  either  a  noun  or  an  adjective),  and  it  seems  to  mean  '  a 
man  of  the  freedman  rank.'  Livy's  phrase  is  libertini  ordinis. 
Tacitus  is  fond  of  libertini  generis,  with  apparently  the  same 


Libertus  and  Libertinus.  27 

meaning  as  that  found  in  Cicero.  Tacitus  and  Suetonius  never 
use  homo  with  the  word,  though  they  use  the  adjective  with 
mulier  and  matre.  In  all  the  four  places  in  Horace,  where  it  is 
clearly  an  adjective,  we  have  libertino  patre  natum. 

In  all  the  times  in  question,  there  naturally  existed  at  Eome 
freedmen  and  their  sons  born  after  the  manumission  of  the  father, 
and  the  more  remote  descendants  of  freedmen  long  since  dead. 
Now,  where  were  the  descendants  of  freedmen  classed  socially? 
Is  it  not  probable  that  some  of  the  thrusts  made  at  the  libertini 
include  them ?  Are  some  of  them  probably  included  in  Livy's 
libertini  ordinis  f 

Tac.  Ann.  13,  27,  after  enumerating  the  different  duties  or 
offices  into  which  freedmen  had  been  placed,  remarks  :  plurisque 
senatoribus  non  aliunde  originem  trahi:  si  separarentur  libertini 
manifestam  fore  penuriam  ingenuorum. 

The  words  aliunde  originem  trahi  here  certainly  leave  the  impres- 
sion that  in  the  use  of  libertini  fol.,  Tacitus  had  in  mind  the 
descendants  of  freedmen  as  well  as  the  freedmen  themselves. 
Libertini  and  ingenuorum  here  may  each  have  two  interpretations, 
a  strict  and  a  liberal  one.  Libertini  may  mean  strictly  manumissi, 
or  may  include  both  manumissi  and  the  descendants  of  manumissi  ; 
while  ingenuorum  may  mean  strictly  those  whose  ancestry  was  in 
no  way  tinged  with  slavery,  or  may  include  these  and  also  the 
free-born  descendants  of  manumissi.  If  ingenuorum  has  the  strict 
sense,  then  libertini  must  include  the  other  two  classes,  that  is,  the 
freedmen  themselves  and  the  descendants  of  freedmen.  If  inge- 
nuorum is  interpreted  in  the  liberal  sense,  that  is  to  include  free- 
born  descendants  of  freedmen,  this  would  leave  only  the  manumissi 
to  be  included  in  the  word  libertini.  This  would  make  Tacitus 
say  that  if  the  ex-slaves  were  taken  out,  those  left,  (composed  of 
the  strictly  free-born  and  the  descendants  of  freedmen),  would  be 
few.  This,  it  seems  to  me,  would  make  his  statement  entirely 
too  rash  and  more  exaggerated  than  the  state  of  things  at  that 
time  would  justify  ;  and  is  an  interpretation  unnecessarily  extreme. 
It  seems  to  me  therefore  a  much  more  reasonable  interpretation  to 
allow  libertini  to  include  the  two  classes,  the  freedmen  themselves 
and  the  descendants  of  such.  The  passage  would  then  mean,  <  if 


28  The  Social  Standing  of  Freedmen  at  Rome. 

men  belonging  to  the  rank  of  freedmen/  that  is,  manumissi  and 
the  descendants  of  manumissi,  l  were  taken  out,  the  strictly  free- 
born  would  be  noticeably  scarce.7  It  should  be  noted,  too,  that 
this  interpretation  is  quite  in  harmony  with  the  adjectival  meaning 
of  the  suffix  -mo  pointed  out  above. 

Cic.  Phil.  2,  2,  3,1  shows  that  there  was  a  social  stain  attached 
to  the  grandson  of  a  freedman,  (nepotes  libertini),  and  Suet.  Aug. 
2 2  says  that  Marcus  Antonius  made  a  contemptable  thrust  at 
Augustus  by  telling  him  that  his  great-grandfather  was  a  freed- 
man, (libertinum).  Horace,  though  free-born,  was  frequently 
snubbed  because  his  father  was  a  libertinus.  The  same  was  true 
of  Cn.  Flavius.  It  seems  that  the  Vitellii,  according  to  the  most 
probable  account,  belonged  to  this  class  of  men  3 ;  and  Quintus, 
one  of  the  sons  of  Publius  Vitellius,  was  deprived  of  his  rank  of 
senator.4  But  Quintus  was  not  a  manumissus.  His  father  Pub- 
lius may  not  have  been.  The  stain  on  his  name  was  found  in  the 
fact  that  most  people  of  his  day  believed  that  the  founder  of  the 
family  was  a  freedman. 

Auct.  Vir.  Illustr.  34,  1,  (Aur.  Viet.,  see  Teuffel  414).  Appius 
Claudius  Caecus  in  censura  libertines  quoque  in  senatum  legit. 
(Note  the  use  of  libertinos  here  without  filius.) 

Auct.  Vir.  Illustr.  32,  2.  Censor  libertinos  tribibus  amovit.5 
Auct.  Vir.  Illustr.  57,  3.  Censor6  libertinos,  qui  rusticas  tribus 
occuparent,  in  quattuor  urbanas  divisit. 

Concerning  these  three  quotations  from  the  author  of  the  De 
Viris  Illustribus,  we  notice  first  that  he  uses  libertinos  in  speaking 
of  the  same  persons  that  Livy,  9,  46,  10  refers  to  with  libertinos 
fiUis?  qui  senatum  primus  libertinorum  filiis  lectis  inquinaverat. 

The  Question  then  naturally  arises ;  did  the  author  of  the  De 
Vir.  Illustr.,  under  the  influence  of  Suetonius,  use  the  word  in  the 


1  Quoted  on  page  12.  2  Quoted  on  page  16. 

3  Suet.  Vit.  1.  4Suet.  Vit.  2. 

5  The  censor  here  was  Q.  Fabius  Kutilius.     Livy,  9,  46,  14  records  the  same 
circumstance,  where  he  calls  this  class  of  men  'forensem  turbam .' 

6  Tiberius  Gracchus,  cf.  Livy,  45,  15,  6,  and  Cic.  De  Or.  1,  9. 

7  Voigt,  Ueber  d.  Clientel  u.  Libertinitiit,  1.  1.  thinks  the  author  of  the  De  Vir. 
Illustr.  misunderstood  the  meaning  here,  because  he  used  libertinus  without  filius. 


Libertus  and  Libertinus.  29 

restricted  sense  of  the  son  of  a  freedman  ?  In  the  other  two  places 
quoted,  that  is,  32,  2  and  57,  3,  this  author  uses  libertinos  in  the 
same  sense  as  Cicero  and  Livy  do  in  referring  to  the  same 
circumstance  of  removing  the  freedmen  into  separate  tribes. 

By  giving  the  word  the  liberal  or  adjectival  meaning,  as  indi- 
cated above,  the  difficulty  referred  to  in  31,  1  is  avoided,  and  the 
author  seems  to  follow  the  late  classical  use  of  the  word.  The 
three  passages  then  are  in  harmony  with  each  other,  and  with  the 
passage  from  Tacitus,  (Ann.  13,  27),  and  show  a  very  liberal  use 
of  the  word  libertinus. 

During  our  Civil  War,  there  was  created  in  connection  with  the 
War  Department  of  the  United  States  Government  a  "  Freedmen' s 
Bureau.7'  The  object  of  this  Bureau  was  to  aid  the  freedmen  of 
the  southern  states.  At  the  time  of  the  organization  of  this 
Bureau,  there  were  Negroes  in  the  southern  states,  who  were  not 
ex-slaves,  and  yet  they  came  under  the  protection  of  this  Bureau. 

There  is  in  operation  at  the  present  time  in  this  country,  a  fund 
known  as  "The  John  Slater  Fund  for  the  Education  of  Freed- 
men."  It  is  well  known  that  this  fund,  even  from  its  foundation, 
aided  free-born  descendants  of  freed-men  as  well  as  freed-men  them- 
selves. The  use  of  the  word  freedmen  in  these  two  instances  is  a 
parallel  to  this  use  of  libertinus  among  the  Romans. 

From  the  passages  quoted  above,  it  is  evident  that  libertinus 
must  include  men  that  were  once  slaves.  We  have  seen  also  that 
there  were  places  where  the  writers,  in  the  use  of  this  word,  seem 
to  have  had  in  mind  the  descendants  of  freedmen  as  well  as  manu- 
missi.  We  must,  therefore,  attribute  to  the  word  a  meaning  that 
will  cover  both  of  these  conditions.  This  offers,  however,  no  par- 
ticular difficulty.  On  the  other  hand,  it  is  the  most  natural 
meaning  that  the  derivation  of  the  word  would  indicate.  We 
have  seen  above  that  its  adjectival  suffix  gives  the  word  the 
meaning  of  '  pertaining  to '  or  '  belonging  to  the  class  of  freedmen.' 
This  meaning  very  clearly  fulfils  both  of  the  above  requirements. 

Before  returning  to  the  question  raised  by  Suetonius,  I  desire  to 
quote  some  representative  passages  from  the  Latin  authors  to 
establish  that  characteristic  of  libertinus  that  we  have  not  yet 


30  The  Social  Standing  of  Freedmen  at  Rome. 

emphasized,  but  taken  for  granted,  that  is  that  it  must  include 
manumitted  men. 

Plaut.  Miles,  962.  Quid  ea?  ingenuan  an  festuca  facta  e 
serva  liberast?  \  Vah,  egone  ut  ad  te  ab  libertina  esse  auderem 
internuntius  ? 

Cic.  Ver.  2,  1,  123-124.     P.  Tribonius  viros  bonos  et  honestos 

conplures  fecit  heredes  :  in  iis  fecit  suum  libertum Equiti 

Romano,  tarn  locupleti,  libertinus  homo  sit  heres  ? 

Hor.  Sat.  2,  3,  281-286. 

Libertinus  erat,  qui  circum  compita  siccus,  (281) 
Lautis  mane  senex  manibus  currebat  et  unum  (282) 

mentem,  nisi  litigiosus,  285) 

Exciperet  dominus,  cum  venderet.  (286) 

Livy  39,  9,  5.  Scortum  nobile,  libertina  Hispala  Facenia,  non 
digna  quaestu,  cui  ancillula  assuerat,  etiam  postquam  manumissa 
erat,  eodem  se  genere  tuebatur. 

Tac.  Ann.  12,  53,  5.  quo  libertinus  sestertii  ter  miliens  pos- 
sessor antiquae  parsimoniae  laudibus  cumulabatur.  (Libertinus 
here  refers  to  Pallas,  who  was  a  manumitted  man.) 

Suet.  Claud.  25.  Libertinos,  qui  se  pro  equitibus  Romanis 
agerent,  publicavit.  Ingratos  et  de  quibus  patroni  quererentur, 
revocavit  in  servitutem. 

Compare  also  Plaut.  Persa  839 ;  Cic.  Cat.  4,  8,  16  ;  Livy  43, 
3,  4;  Livy  41,  8,  10;  Livy  45,  15,  6;  Suet,  Gram.  5;  Suet, 
Rhet.  3. 

From  the  passages  quoted  above,  it  is  quite  clear  that  the  con- 
ception in  the  mind  of  the  authors  was  that  of  persons  who  had 
been  freed  from  slavery ;  and  in  some  of  them,  it  is  a  single  freed- 
man  in  question,  about  whom  it  is  definitely  stated  that  he  had 
once  been  a  slave.  From  these  there  can  be  no  doubt  that  during 
the  literary  period,  the  word  libertinus  included  manumissi,  and 
that  this  is  true  at  the  beginning  of  the  period  in  the  time  of 
Plautus  as  well  as  in  the  time  of  Tacitus  and  Suetonius. 

I  repeat  here  the  quotation  from  Suetonius  Claudius  24. 
Ignarus,  temporibus  Appii  et  deinceps  aliquandiu  libertinos 
dictos,  non  ipsos  qui  manu  emitterentur,  sed  ingenuos  ex  his 
procreates. 


Libertus  and  Libertinus.  31 

I  have  already  noted  that  this  statement  of  Suetonius  had 
a  marked  influence  on  the  writers  of  the  late  empire  as  well  as  of 
mediaeval  and  modern  times,  and  that  it  is  frequently  accepted 
without  question.1  As  we  have  seen  also,  the  most  of  the  diction- 
aries apparently  accept  the  statement.  Freund,  however,  seems 
to  discredit  it  somewhat  by  inserting  after  his  definition  the 
parenthesis,  (so  nur  nach  einer  Angabe  des  Sueton.  u.  des  Isidor). 

It  has  been  noted  above  that  Plautus  unquestionably  used 
libertinus  in  a  sense  to  include  a  manumissus  and  that  that  use 
continued  uninterrupted  from  his  day  to  the  time  of  Suetonius,  and 
even  later.  Now  since  the  date  of  Plautus  is  only  about  a  hun- 
dred years  after  that  of  Appius,  (Suet.  1.  c.),  the  deinceps  aliquan- 
diu  at  most  can  not  designate  a  very  long  time.  It  should  be 
noted  too  that  Suetonius  used  the  expression  to  correct  Claudius, 
who  understood  that  libertinus  in  the  time  of  Appius  meant  a 
freedman. 

The  crux  then  of  this  whole  discussion  is  the  statement  of 
Suetonius,  (Hadrian's  time),  that  in  the  time  of  Appius  Claudius 
and  deinceps  aliquandiu,  libertinus  equaled,  not  libertus  but  liberti 
filius.  This  plain  categorical  statement  without  modification  or 
citation  of  authority,  indeed,  quite  as  though  it  was  a  matter 
familiar  to  the  educated  public,  has  no  parallel  and  absolutely  no 
support  in  literary  reference  or  literary  use  previous  to  his  time.2 
No  one,  however,  who  is  acquainted  with  the  temper  and  habits  of 
Suetonius  will  believe  that  he  made  this  statement  rashly  or  on  his 
own  authority.  He  had  one  or  more  good,  or  in  his  opinion  good, 
authorities. 

The  only  way  now,  by  which  we  might  hope  to  throw  any  light 
on  the  question  of  what  those  authorities  might  have  been,  is  to 
subject  the  post-Suetonian  passages  in  question  to  a  rigid  and 

1  See  pages  5  and  6  with  foot  notes. 

2  Varro,  in  the  De  Lingua  Latina,  says  nothing  about  any  pre-literary  meaning 
of  the  word,  and  uses  it  himself  in  8,  83,  cited  above,  where  it  is  clear  that  he  had 
in  mind  a  man  that  was  once  in  slavery.     It  should  be  noted  also  that  Claudius 
used  the  same  kind  of  expression  that  Livy,  9,  46,  10  does  in  referring  to  the 
same  circumstance,  and  there  is  no  evidence  that  Livy  intended  that  the  word  here 
should  have  a  meaning  entirely  different  from  that  found  elsewhere  in  his  works. 


32  The  Social  Standing  of  Freedmen  at  Rome. 

searching  examination.  Upon  doing  so,  we  find  that  they  fall 
into  a  single  class,  scholastic,1  and  these  were  probably  from 
Suetonius.  We  have  then  : 

1)  Classical  use,  libertinus  equals  libertus ,  with  the  distinctions 
between  them  as  noted  on  the  preceding  pages. 

2)  Late  classical  and  following,  as  indicated  by  Tacitus  and 
'  Auct.  Vir.  Illustr./  libertinus  equals  libertus  and  descendants. 

3)  According  to  Suetonius,  for  early  republican  times,  libertinus 
equals  liberti  films. 


LIBERTUS  AND  LIBERTINUS  IN  THE  LAW  CODES. 


Gaius,  (Inst.),  uses  libertus  43  times,  libertinus  10  times  and 
conforms  fairly  well  to  the  use  of  the  words  in  literature.  There 
is  this  difference,  however,  owing  to  the  nature  of  the  work,  that 
a  choice  must  sometimes  be  made  between  libertus  and  libertinus 
in  cases  where  the  circumstances  partake  of  the  nature  of  each. 
Compare  the  two  following  passages. 

Gaius  3,  43.  In  bonis  libertinarum  nullam  iniuriam  antique 
iure  patiebantur  patroni :  cum  enim  hae  in  patronorum  legitima 
tutela  essent,  non  aliter  scilicet  testamentum  facere  poterant  quam 
patrono  auctore. 

Gaius  3,  49.  Patronae  olim  ante  legem  Papiam  hoc  solum  ius 
habebant  in  bonis  libertorum  quod  etiam  patronis  ex  lege  XII 
tabularum  datum  est. 

These  two  passages  are  very  much  alike ;  but  the  use  of  liber- 
tinarum in  the  first  would  indicate  that  the  author  is  speaking  of 
a  class  of  persons ;  whereas,  in  the  second  passage,  the  first  con- 
cept seems  to  have  concerned  a  patroness,  and  by  the  use  of  liber- 
torum,  he  designates  individuals  belonging  to  that  patroness. 

1  In  the  passages  quoted  above  from  the  Theodosian  Code,  while  the  word  seems 
to  be  used  in  a  non-classical  sense,  it  is  not  definitely  denned,  and  it  is  not  clear 
whether  the  author  was  following  the  Suetonian  use  or  not. 


Libertus  and  Libertinus.  33 

In  five  of  the  ten  places  where  libertinus  is  used  in  Gaius, 
patrons  are  directly  referred  to,  or  their  relationship  is  implied. 
In  two  of  these  cases  it  is  clear  that  the  class  of  persons  referred 
to  were  once  slaves.1 

Where  the  circumstances  are  such  as  to  give  opportunity  for  a 
clear  distinction  between  the  two  words,  Gaius  follows  the  class- 
ical use.2 

Ulpian,  (Reg.),  uses  libertus  21  times,  libertinus  6  times.  He 
follows  fairly  well  the  literary  use  of  the  words.  But  in  1,  5, 
libertorum  genera  sunt  tria,  cives  Romani,  Latini  luniani,  dediti- 
dorum  numero,  may  seem  at  first  sight  to  be  the  same  as  Gaius  1, 
11,  Rursus  liber  orum  hominum  alii  ingenui  sunt,  alii  libertini. 
Ingenui  sunt  qui  liberi  nati  sunt;  libertini ,  qui  ex  iusta  servitute 
manumissi  sunt.  Rursus  libertinorum  [tria  sunt  genera  :  nam  aut 
Gives  Romani  aut  Latini  aut  dediticiorumY  numero  sunt. 

The  reason  that  Ulpian  uses  libertorum  here  is  that  he  is  looking 
at  the  legal  side,  that  is,  he  is  thinking  of  the  three  kinds  of  men 
that  have  been  manumitted ;  in  other  words,  the  idea  of  '  the 
manumitted  man  '  is  prominent  in  his  mind.  This  would  influ- 
ence him  to  use  libertus  ;  while  it  is  clear  that  the  mind  of  Gaius 
in  the  place  cited  was  dwelling  rather  on  a  class  of  men,  whom 
he  was  distinguishing  from  the  ingenui,  and  this  calls  for  libertinus. 

In  the  corpus  of  Justinian,  the  number  of  occurrences  of  the 
two  words  is  about  as  follows :  Dig.  libertus  820,  libertinus  54 ; 
Cod.  libertus  100,  libertinus  19  ;  Inst.  libertus  41,  libertinus  12 ; 
Total  libertus  961,  libertinus  85. 

We  have  of  course  in  these  writings  the  work  of  a  number  of 
different  jurists,  and  at  this  late  date  the  two  words  are  well  dis- 

1  Gaius  1,  11  and  3,  56. 

2  Bk.  3,   50-51.     Sed  lex  Papia  duobus  liberis  honoratae  ingenuae  patronae, 
libertinae  tribus,  eadem  fere  iura  dedit  quae  ex  edicto  praetoris  patroni  habent ; 
trium  vero  liberorum  iura  honoratae  ingenuae  patronae  ea  iura  dedit  quae  per 
eandem  legem  patrono  data  sunt ;  libertinae  autem  patronae  non  idem  iuris  prae- 
stitit.    Quod  autem  ad  libertinarum  bona'  pertinet,  si  quidem  intestate  decesserint, 
nihil  novi  patronae  liberis  honoratae  lex  Papia  praestat  :  itaque  si  neque  ipsa 
patrona  neque    liberta  capite  deminuta  sit,  ex    lege  XII  tabularum   ad  earn 
hereditas  pertinet  et  excluduntur  libertae  liberi. 

3  The  words  in  brackets  are  supplied  by  Goschen  from  the  Epit.  of  Gaius. 


34  The  Social  Standing  of  Freedmen  at  Rome. 

tinguished,  but  with  the  same  tendency  of  libertus  to  euroach  upon 
the  field  of  libertinus  that  was  noted  in  Gaius. 

In  the  other  writings  of  jurisprudence  before  the  date  of 
Justinian,  except  in  the  Theodosian  Code,  the  two  words  are  used 
in  about  the  same  manner  as  in  Gains  and  the  Justinian  corpus. 

In  the  law  codes,  the  relationship  to  patron  seems  to  play  a  more 
important  part  in  distinguishing  the  two  words  than  in  literature ; 
and  we  might  reasonably  expect  this.  The  most  of  the  laws  con- 
cerning freedmen  are  enactments  regulating  the  relation  between 
them  and  their  patrons.  The  noun  characteristic,  (that  is  the  con- 
cept of  a  '  manumitted  man ?),  is  also  usually  present.  Both  of 
these  features  are  more  characteristic  of  libertus  than  of  libertinus, 
and  this  may  account  for  the  frequent  use  of  libertus  in  the  law 
codes  when  there  is  some  room  to  expect  libertinus. 

The  two  words  are  not  very  frequent  in  the  Theodosian  Code, 
(libertus  16,  libertinus  8  times),  but  the  compilers  of  this  code  seem 
to  have  made  a  distinction  between  them  that  is  not  found  in  the 
other  law  codes. 

Cod.  Theod.  4,  6,  2  (Goth.).  Ceteris  (quae)  de  eorum  matribus, 
libertis  libertinisque  per  novam  constitutionem  decreta  sunt. 

Cod.  Theod.  8,  13,  1.  Liceat  matribus,  si  impios  filios  probare 
se  posse  confidunt,  publice  adire  iudicia.  Matrem  autem  ingenuam, 
liberam,  libertam,  libertinam,  cui  scilicet  civitatis  Romanae  iura 
quaesita  sunt,  ita  ut  queri  antique  iure  poterant  accipi  audirique 
decernimus;  itemque  filios  filias,  ingenuos  ingenuas,  libertos  liber- 
tas,  libertinos  libertinas,  cives  pari  condicione  Romanes. 

It  is  quite  evident  that  the  author  had  in  mind  here  two  distinct 
classes  of  persons  in  the  use  of  libertus  and  libertinus ;  but  it  is  not 
clear  what  the  distinction  is.  It  may  be  that  he  uses  libertinus  in 
the  sense  of  the  son  of  a  freedman.  That  interpretation  would 
satisfy  the  passage.1  It  should  be  noted  in  this  connection  that 
Cod.  Theod.  4,  6,  3,  (Haen.),  uses  libertae  filia  to  designate  the 
daughter  of  a  freed  woman  and  that  the  Theodosian  Code,  4,  8,  6, 
(Haenel),  very  clearly  uses  libertinus  in  reference  to  men  that  had 
once  been  in  slavery,  for  the  following  sentence  speaks  of  their 

1  Gothofredus  and  Haenel  make  this  interpretation  and  cite  Suet.  Claud.  24. 


Libertus  and  Libertinus.  35 

manumission,  and  the  words  rursus  servitutem  relabuntur  in  the 
sentence  with  libertinus  would  indicate  the  same. 

CITATIONS  FROM  THE  LAW  CODES. 

Fragmenta  Vaticana,  Libertus:  131;  132;  152;  160;  211; 
220  ;  224 ;  225  ;  272  ;  307  ;  308  ;  309. 

Libertinus:  226. 

Gaius,  Inst.  Libertus  :  1,  165  ;  1,  174  ;  1,  179  ;  2,  266  ;  2,  267  ; 
3,  39  ;  3,  40 ;  3,  41 ;  3,  42  ;  3,  46  ;  3,  47  ;  3,  49  ;  3, 
51  ;  3,  52  ;  3,  57  ;  3,  58  ;  3,  60 ;  3,  61  ;  3,  62  ;  3,  64  ; 
3,  72;  3,  74;  4,44;  4,  46;  4,  162. 

Libertinus :  1,  10  ;  1,  11  ;  1,  12  ;  3,  43  ;  3,  44  ;  3,  50  ;  3,  51  ; 
3,  56 ;  3,  64. 

Codex  Gregor.,  Libertus:  6,  1  ;  7,  1  ;  13,  1. 

lurispr.  Ante-Hadr.,  Libertus,  Vol.  I,  p.  72  ;  Vol.  II,  pp.  265  ; 
282  ;  321  ;  322  ;  471  ;  562. 

Libertinus,  Vol.  II,  pp.  265  ;  322  ;  349  ;  483. 

Cod.  Justin.,  liberty*,  1,  12,  6  ;  1,  18,  8  ;  2,  2,  2  ;  2,  6,  2  ;  2,  12, 
12  ;  2,  41,  2 ;  2,  55,  6  ;  3,  28,  37  ;  4,  13,  5  ;  4,  20, 
12;  5,  4,  3;  5,  4,  15;  5,  4,  28;  5,  5,  1 ;  5,  5,  7;  5, 
12,  24;  5,  30,  5;  5,  37,  10;  5,  62,  5;  5,  62,  13;  6, 
3,  1 ;  6,  3,  4 ;  6,  3,  6  ;  6,  3,  9  ;  6,  3,  11  ;  6,  3,  12 ;  6, 
3,  13  ;  6,  4,  1  ;  6,  4,  2  ;  6,  4,  3  ;  6,  5,  1 ;  6,  5,  2  ;  6,  6, 
2;  6,6,5;  6,  6,6;  6,  6,  7;  6,7,  1;  6,7,3;  6,8,2; 

6,  13,  2;  6,  21,  7  ;  6,  24,  3  ;  6,  27,  2 ;  6,  28,  5  ;  6,  37, 
17  ;  6,  58,  14 ;  7,  2,  10 ;  7,  4,  7  ;  7,  6,  1 ;  7,  7,  1  ;  7,  7, 
9;  7,14,1;  7,15,1;    7,  16,8;  7,21,1;  7,24,1;  7, 
38,  1  ;  8,  5,  1 ;  8,  46,  8  ;  8,  47,  3 ;  8,  50,  11 ;  8,  51,  3 ; 
8,  55,  1  ;  9,  1,  21 ;  9,  31,  I  ;  9,  32,  5  ;  9,  35,  6  ;  10,  33, 
1;  11,53,1;  12,1,9. 

Libertinus,  1,  4,  24 ;  1,  17,  2,  7 ;  2,  22,  6  ;  5,  6,  4 ;  5,  62,  3  ;  6, 

7,  4;  6,  8,  2  ;  7,  14,  2 ;  7,  14,  8  ;  7,  14,  9  ;  8,  51,  3 ;  8, 
58,  2;  9,  13,  1;  9,  21,  1;  10,  58,  1. 

Dig.,  Libertus,  1,1,4;  1,  5,  26 ;  1,  8,  6 ;  1,  9,  9  ;  1,  12,  1, 10 ; 
2,  1,  10;  2,4,8;  2,4,  10;  2,4,11;  2,  4,  12 ;  2,  4, 14 ; 


36       The  Social  Standing  of  Freedmen  at  Rome. 

2,4,15;  2,4,23;  2,4,25;  2,7,2;  2,2,10;  2,11,10; 
3,  3,  35  ;  3,  5,  7  ;  3,  5,  30  ;  7,  8,  2  ;  7,  8,  6  ;  9,  3,  5  ; 
10,2,41;  11,3,141;  11,7,6;  12,2,13;  12,2,16; 
12,  2,  30;  12,  4,  11  ;  12,  6,  26  ;  12,  6,  40;  14,  3,  19  ; 
15,  3,  1,  14 ;  17,  1,  12  ;  17,  2,  10 ;  18,  6,  19  ;  19,  1,  23  ; 
19,  1,  43  ;  19,  1,  45  ;  19,  5,  5  ;  21,  1,  17  ;  21,  2,  26  ; 

22,  3,  14  ;  22,  3,  18  ;  22,  5,  14  ;  23,  2,  13  ;  22,  2,  28  ; 

23,  2,  37  ;  23,  2,  45 ;  23,  2,  46  ;  23,  2,  48  ;  23,  2,  50 ; 

23,  2,  57  ;  23,  2,  64;  23,  2,  66  ;  23,  2,  69  ;  24,  1,  9  ; 

24,  1,  62  ;  24,  2,  9 ;  24,  2,  10  ;  24,  3,  61  ;  24,  3,  64 ; 

25,  3,  5,  18  ;  25,  3,  5,  21  ;  25,  3,  5,  22 ;  25,  3,  5,  23 ; 
25,  3,  5,  24;  25,  3,  5,  25 ;  25,  3,  6  ;  25,  3,  9  ;  25,  6,  2  ; 

25,  6,  3;  26,  1,  8  ;  26,  2,  28  ;  26,  4,  1  ;  26,  4,  3  ;  26, 
5,13;  26,5,14;  26,5,27;  26,7,12;  26,7,58; 

26,  9,  3;  26,  9,  9;  27,  1,  24;  27,  1,  30;  27,  1, 
43;  27,  1,  45 ;  27,  2,  1  ;  27,  3,  1  ;  28,  2, 13  ;  28,  5,  66; 
28,  5,  79 ;  29,  1,  37  ;  29,  2,  73  ;  29,  4,  5  ;  30,  81 ;  30, 
95  ;  30,  108  ;  30,  114  ;  31, 13 ;  31,  29  ;  31,  24  ;  31,  67  ; 

31,  77 ;  31,  79  ;  31,  87  ;  31,  88  ;  31,  89  ;  32,  35  ;  32,  37  ; 

32,  38  ;  32,  39  ;  32,  41 ;  32,  83  ;  32,83 ;  32,  94  ;  32,  97  ; 

32,  102  ;  33,  1,  9 ;  33,  1,  10 ;  33,  1,  13  ;  33,  1, 18  ;  33, 

1,  20  ;  33,  1,  21  ;  33,  2,  19  ;  33,  2,  33  ;  33,  2,  34  ;  33, 

2,  35 ;  33,  4,  1 ;  33,  7,  3  ;  33,  7,  20 ;  33,  7,  27 ; 

33,  8,  19  ;  33,  8,  22  ;  33,  8,  23  ;  34,  1,  2  ;  34,  1,  3 , 

34,  1,  5  ;  34,  1,  8  ;  34,  1,  9  ;  34,  1,  10 ;  34,  1,  12 ;  34, 
1,  13 ;  34,  1,  15  ;  34,  1,  16 ;  34,  1,  18 ;  34,  1,  19  ;  34; 
1,  20;  34,  1,  22;  34,  2,  4;  34,  3,  31;  34,  4,  13; 

34,  4,  30  ;  34,  5,  9  ;  34,  5,  11 ;  34,  9,  1 ;  35,  1,  33  ; 

35,  1,  43 ;  35,  1,  71  ;  35,  1,  84 ;  35,  1,  101 ;  35,  2,  25 ; 
35,  2,  52 ;  36,  1,  46 ;  36,  1,  80  ;  37,  4,  20  ;  37,  12,  1 ; 
37,  14,  1  ;  37,  14,  4 ;  37,  14,  5  ;  37,  14,  6  ;  37,  14,  7  ; 
37, 14,  8  ;  37, 14,  9  ;  37,  14,  10 ;  37,  14,  12 ;  37,  14,  13  ; 
37, 14, 15  ;  37, 14, 16  ;  37, 14, 17  ;  37, 14, 18  ;  37, 14, 19  ; 
37, 14,  20  ;  37,  14,  21  ;  37,  14,  23  ;  37, 14,  24 ;  37, 15,  4  ; 
37,  15,  7;  37,  15,  8;  37,  15,  9;  37,  15,  10;  37,  15, 
11  ;  38,  1,  2,  1  ;  38,  1,  3,  1  ;  38,  1,  4  ;  38,  1,  7  ;  38, 
1,  7,  1  ;  38,  1,  8 ;  38,  1,  8,  1 ;  38,  1,  10  ;  38,  1,  10,  1  ; 


Libertus  and  Libertinus.  37 

38,  1,  12  ;  38,  1,  13,  1  ;  38,  1,  13,  3  ;  38,  1,  13,  4 ;  38, 
1,  13,  5  ;  38,  1,  15  ;  38,  1,  15,  1  ;  38,  1,  16  ;  38,  1, 18  ; 
38,  1,  20;  38,  1,  22,  1;  38,  1,  22,  2;  38,  1,  23;  38, 
1,  23,  1  ;  38,  1,  24  ;  38,  1,  25  ;  38,  1,  25,  1 ;  38,  1,  25, 
2  ;  38,  1,  25,  3  ;  38,  1,  26-51,  (continuous  discussion  of 
the  word,  29  times) ;  38,  2,  1  ;  38,  2,  1,  1 ;  38,  2,  2 ; 
38,  2,  2,  1  ;  38,  2,  2,  2  ;  38,  2,  3  ;  38,  2,  3,  6  ;  38,  2, 
3,  7  ;  38,  2,  3,  9  ;  38,  2,  3,  14 ;  38,  2,  3,  18  ;  32,  2,  3, 
19  ;  38,  2,  3,  20  ;  38,  2,  4  ;  38,  2,  4,  1  ;  38,  2,  4,  2  ; 
38,  2,  4,  3 ;  38,  2,  5;  38,  2,  5,  1;  38,  2,  6  ;  38,  2,  8  ; 
38,  2,  9  ;  38,  2,  10-18  (37  times)  ;  38,  2,  20-29  (15 
times);  38,  2,30-37  (21  times);  38,  2,  38-51  (36  times); 
38,  3,  1  ;  38,  4,  1  ;  38,  4,  2  ;  38,  4,  3,  1  ;  38,  4,  3,  3 ; 
38,  4,  3,  4  ;  38,  4,  3,  7  ;  38,  4,  4  ;  38,  4,  5  ;  38,  4,  6  ; 
38,  4,  7  ;  38,  4,  8  ;  38,  4,  9  ;  38,  4,  10 ;  38,  4,  11  ;  38, 
4,12;  38,4,13;  38,5,1-13  (36  times);  38,11,1; 
38,  16,  3  ;  38,  17,  2  ;  39,  5,  8  ;  39,  5,  16;  40,  1,  7  ; 
40,  4,  50  ;  40,  5,  4 ;  40,  5,  25  ;  40,  5,  28  ;  40,  5,  30; 
40,  5,  31 ;  40,  5,  33;  40,  5,  34;  40,  5,  36  ;  40,  5,  41  ; 
40,  5,  53  ;  40,  8,  5  ;  40,  8,  10  ;  40,  9,  30 ;  40,  9,  31  ; 
40,  9,  32  ;  40,  10,  1 ;  40,  11,  4  ;  40,  11,  5  ;  40,  12,  3  ; 
40,  12,  4  ;  40,  12,  5 ;  40,  12,  37  ;  40,  12,  38  ;  40,  12, 
39  ;  40,  14,  1 ;  40,  14,  6  ;  40,  15,  1  ;  42,  1,  19  ;  42, 
1,  63 ;  42,  8,  17  ;  43,  1,  2 ;  43,  1,  16,  43  ;  43,  29,  3  ; 
44^  4,  4  ;  44,  5,  1  ;  44,  5,  2 ;  45,  1,  73 ;  45,  1,  126 ; 
45,  3,  38;  46,  1,  56  ;  46,  3,  98  ;  46,  4,  13  ;  47,  2,  90; 

47,  2,    92;    47,  4,  1;    47,  4,  7 ;    47,   10,  7;    47,  10, 
11  ;  48,  2,  11 ;    48,  4,  7 ;    48,  4,  9;    48,  5,  25;    48,  5, 
34;  48,  5,  39;  48,  5,  43;  48,  10,  6  ;  48,  10,  14;  48, 
10,  22;  48,  18,  1;  48,  18,  20;  48,  20,  8;  48,  22,   16; 

48,  23,  1 ;    49,  14,  2  ;    49,  17,  6  ;    50,  1,  22 ;    50,  4,  3 ; 
50,  16,  58  ;  50,  16,  70  ;  50,  16,  105  ;  50, 16,  172  ;  50,  16, 
195;  50,  17,  69;  50,  17,  126. 

Dig.,  Libertinus,  1,  2,  2,  7  ;  1,  5,  5 ;  1,  5,  21 ;  1,  5,  25 ;  1,  5,  27 ;  22, 
3,  14;  22,  4,  6;  23,  2,8;  23,2,23;  23,  2,  27;  23,  2,31; 
23,  2,  32 ;  23,  2,  34 ;  23,  2,  42  ;  23,  2,  44  ;  23,  2,  47  ; 


38  The  Social  Standing  of  Freedmen  at  Rome. 

23,  2,  56;  26,  4,  1 ;  26,  5,  27  ;  27,  1,  44;  28,  8,  11  ; 

29,  2,  22;  37,  14,  2 ;  38,   1,  2  ;  38,   1,  37;  38,  2,  5; 

38,  2,  20 ;  38,  5,  1,  5 ;  38,  7,  2 ;  38,  10,  4 ;  38,  17,  1 ; 

38,  17,  2  ;  40,  11,  5 ;  40,  14,  6  ;  40,  15,  4 ;  47,  10,  9  ; 

48,  2,  8  ;  48,  5,  43 ;  48,  20,  7  ;  50,  4,  3  ;  50,  16,  46. 
Inst.  Justin.,  Libertus,  1,  12,  6  ;  1,  16,  1  ;  1,  17 ;  1,  19  ;  1,  26, 

11;  2,  5,  2;  2,  24,  2;  3,  8,  pr. ;  3,  8,  1 ;  3,  8,  2;  3,  8, 

3 ;  3,  8,  4 ;  3,  9,  pr. ;  3,  9,  1  ;  3,  9,  2 ;  3,  27,  10  ;  4,  6, 

13 ;  4,  25,  1  ;  4,  26,  3. 
Libertinus,  1,  3,  5 ;  1,  4,  pr. ;  1,  5,  pr. ;  1,  5,  3 ;  3,  3,  4 ;  3,  8, 

4 ;  3,  10,  2. 

Mos.  et  Rom.  Leges,  Libertus ,  4,  3. 
Libertinus,  4,  3  ;  4,  4;  4,  5  ;  14,  2  ;  16,  8. 
Julius   Paullus,   Libertus,    1,  1  ;  1,  1,  2  ;  1,  12,  4;  2,  19,  9  ;   2, 

19,  9  e ;  2,  21  A ;  2,  29,  1  ;  2,  32,  1 ;  3,  2,  1-4  b ;  3,  3, 

1 ;  3,  6,  91  b  ;  4,  1,  12  ;  4,  1,  16 ;  4,  10,  2  ;  4,  14  A ;  5, 

6,  15 ;  5,  12,  2  a ;  5,  15,  3  ;  5,  16,  11. 
Libertinus,  4,  9,  1  ;  4,  9,  7  ;  5,  30  b,  1. 
Codex  Theod.,  Libertus,  2,   19,  3  ;   2,  27,  1 ;   4,  6,  3 ;   4,  6,  8 ; 

4,  10,  1 ;  4,  10,  2  ;  4,  22,  4 ;  8,  13,  1 ;  8,  13,  3 ;  9,  6,  1 ; 

9,6,4;  9,  20,1. 

Libertinus,  4,  6,  8 ;  4,  8,  6 ;  4, 10,  3 ;  8,  13,  1 ;   14,  3,  9 ;  14,  3,  10. 
Ulpian.  (Keg.),  Libertus,  1,  5;  1,  6 ;  2,  8;  11,  27 ;  19,  11;  22,  5; 

27,  1  ;  29,  1 ;  29,  2 ;  29,  3 ;  29,  4 ;  29,  5. 
Libertinus,  12,  3 ;  13,  1 ;  16,  2  ;  26,  8  ;  29,  6. 


SUMMARY  AND  CONCLUSION. 

In  the  distinction  and  definition  of  the  words  libertus  and  liberti- 
nus,  our  test  and  guide  is  their  grammatical  form.  Libertus  was 
always  a  noun.  The  suffix  -to  suggests  that  it  ought  to  mean  ( one 
who  has  been  freed  from  slavery/  and  in  fact  it  never  does  mean 
any  thing  else.  i  Relationship  to  patron ?  (see  dictionaries),  is 
merely  an  attendant  circumstance,  though  as  a  matter  of  course  it 
is  frequently  present.  From  first  to  last  libertus,  so  far  as  meaning 
is  concerned  is,  as  Isidorus  said,  "  quasi  liberatus." 


Libertus  and  Libertinus.  39 

Libertinus  is  always  an  adjective,  either  attributive  or  substan- 
tive with  the  associations  of  the  attributive.  Both  the  attributive 
and  the  substantive  use  occur  freely  throughout  the  literature. 
The  suffix  -mo  suggests  that  libertinus  ought  to  mean  '  one  who  is 
reckoned  in  the  rank,  the  class,  the  category  of  liberti.'  Such,  in 
fact,  is  its  meaning.  But  the  boundaries  of  libertinus  from  the 
nature  of  it,  are  not  so  clearly  drawn  as  those  of  libertus.  Every 
libertus  is  thereby  a  libertinus.  So  in  the  large  majority  of  cases, 
a  libertinus  is  a  libertus,  but  the  possibility  on  the  part  of 
libertinus  to  extend  beyond  is  not  precluded  by  its  grammatical 
form,  and  is  also  encouraged  by  the  fact  that  the  legal  and  social 
disabilities  of  a  libertus  as  such  did  not  end  with  him  but  were 
transmitted  to  his  descendants.  In  other  words,  libertinus  might 
possibly  refer  to  the  children  or  the  descendants  of  a  libertus  as 
well  as  to  the  libertus  himself.  And  indeed,  though  they  are 
extremely  rare,  there  are  undoubted  traces  of  the  fact  that  the  use 
of  libertinus  was  extended  in  this  way. 

According  to  Suetonius,  libertinus  had  a  different  meaning  in 
the  time  of  the  early  republic,  being  restricted  to  the  free-born 
sons  of  liberti.  This  statement  was  widely  accepted  by  mediaeval 
writers,  some  of  whom  not  only  accepted  it  for  pre-literary  times 
but  actually  used  the  word  themselves  in  that  sense.  More  recent 
writers,  especially  in  the  field  of  law,  are  also  influenced  by 
Suetonius,  and  the  most  of  our  modern  Latin  dictionaries  seem  to 
accept  his  statement.  This  sentiment  appears  nowhere  before  the 
date  of  Suetonius.  The  formation  of  the  word,  the  unmistakable 
evidence  that  it  was  used  as  early  as  the  time  of  Plautus  to  desig- 
nate manumitted  men,  and  the  fact  that  no  other  Latin  author 
speaks  of  the  word  ever  having  this  restricted  meaning,  seem  to 
discredit  the  statement  of  Suetonius. 

In  the  field  of  jurisprudence,  the  writers  observe  fairly  well  the 
classical  usage ;  but  with  some  tendency  to  use  libertus  to  refer  to 
a  class  of  men  rather  than  to  designate  individuals,  this  being 
caused,  no  doubt,  by  the  nature  of  the  subject  matter. 


BIBLIOGRAPHY— TEXTS. 


Aurelius  Victor  (?),  De  Viris  Illustribus,  Schroter,  Leipzig,  1831. 
Caesar,  (including  Bellum  Africum,  Bellum    Alexandrinum  and 

Bellum  Hispaniense),  Kubler,  Leipzig,  1894. 
Cicero,  Miiller,  Leipzig,  1884-1903. 
Cicero,  Quintus,  Miiller,  Leipzig,  1903. 
Corpus   luris   Ante-Iustiniani,  (including   Codices,  Gregorianus, 

Hermogenianus,    and    Theodosianus),    Haenel,    Leipzig, 

1837. 

Codex  lustinianus,  (Corpus  luris  Civilis),  Kriiger,  Berlin,  1895. 
Digesta,  (Corpus  luris  Civilis),  Mommsen,  Berlin,  1899. 
Fragmenta  Historicorum  Romanorum,  Peter,  Leipzig,  1883. 
Gains,  Institutes  of,  and  Rules  of  Ulpian,  Muirhead,  Edinburgh, 

1880. 

Gellius,  Hosius,  Leipzig,  1903. 
Horace,  Kiessling-Heinze,  Berlin,  1895-1898. 
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1899. 

Isidorus,  Lindemann,  Leipzig,  1833. 
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Mos.  Rom.  Leg.  Coll.,  and  Julius  Paulus),  Huschke,  Leip- 
zig, 1867. 

lurisprudentiae  Ante-Hadrianae,  Bremer,  Leipzig,  1896-1901. 
Juvenal,  Jahn-Buecheler,  Berlin,  1893. 
Livy,  Weissenborn-Miiller,  Berlin,  1867-1895. 
Lucilius,  (Frag.  Poet.  Rom.),  Baerens,  Leipzig,  1886. 
Macrobius,  Eyssenhardt,  Leipzig,  1868. 
Martial,  Gilbert,  Leipzig,  1896. 
Persius,  Jahn-Buecheler,  Berlin,  1893. 

Petronius  and  Varro's  Sat.  Men.,  etc.,  Buecheler,  Berlin,  1904. 
Phaedrus,  Havet,  Paris,  1895. 
Plautus,  Goetz  and  Schoell,  Leipzig,  1892-1901. 
Pliny,  (Elder),  Jahn-Mayhoff,  Leipzig,  1875-1897. 

40 


Bibliography.  41 

Pliny,  (Younger),  Miiller,  Leipzig,  1903. 

Quintilian,  Inst.,  Halm,  Leipzig,  1868-1869  ;    Declam.,  Hitter, 

Leipzig,  1884. 

Khetores  Latini  Minores,  Halm,  Leipzig,  1863. 
Sallust,  Eussner,  Leipzig,  1893. 
Scholia : 

On  Cicero,  Orelli  and  Baiter,  Turin,  1833. 

On    Terence,  Schlee,  Leipzig,  1893;    Hermes,  II,  p.  401, 

1867. 
On  Horace,  Acron  and  Porphyrion,  Hauthal,  Berlin,  1864— 

1866. 
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Epistles,  Hense,  1898. 
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Lampridius,    Spartianus  and  Yopiscus),   Peter,   Leipzig, 

1884. 

Servius  on  Vergil,  Thilo,  Leipzig,  1878-1887. 
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Tacitus,  Annals,  Nipperdey,  Berlin,  1892;  Agricola,  Germania 

and  Histories,  Halm,  Leipzig,  1871;  Dialogus,  Gudeman, 

Boston,  1894. 

Terence,  Dziatzko,  Leipzig,  1884. 
Valerius  Maximus,  Kempf,  Leipzig,  1888. 
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BIBLIOGRAPHY— GENERAL. 


Brugmann,  Grundriss  der  vergleichenden  Graminatik  der  indo- 

germanischen  Sprachen,  Vol.  II,  Strassburg,  1889. 
Brugmann,  Die  mit  dem  Suffix  -to-  gebildeten  Partizipia  im  Verb- 

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germanische  Forschungen,  V,  pp.  89—152). 
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Greenidge,  Roman  Public  Life,  London,  1901. 
Herzog,  Geschichte  u.  System  der  romischen  Staatsverfassung,  I, 

Leipzig,  1884. 
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-r,  u.  s.  w.,  (Beitrage  z.  kunde  d.  indg.  sprachen  XVIII, 

pp.  1-55). 

Krebs-Schmalz,  Antibarbarus,  Basel,  1888.  , 
Karlowa,  Romische  Rechtsgeschichte,  I  and  II,  Leipzig,  1885— 

1901. 

Lemonnier,  Condition  Prive"e  des  Affranchis,  etc.,  Paris,  1887. 
Lindsay,  Latin  Language,  Oxford,  1894. 
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Sprachen,  I  and  II,  Berlin,  1865-1884. 

Mommsen,  Romisches  Staatsrecht,  II  and  III,  Leipzig,  1887. 
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Lex.  u.  Gram.  I,  Leipzig,  1884). 

Stolz,  Historische  Grammatik  der  lateinischen  Sprache,  I,  Leip- 
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Valla,  Elegantiae,  Basel,  1540. 

Voigt,  Romische  Rechtsgeschichte  II,  Leipzig,  1899. 
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Gesel.,  Vol.  30,  1878. 
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42 


VITA. 

John  Jackson  Crumley  was  born  at  Elizabethton,  Tennessee, 
in  February,  1863.  He  received  his  early  education  in  the 
public  and  preparatory  schools  of  his  native  state.  He  did  his 
college  work  in  Maryville  College,  Maryville,  Tennessee,  and 
in  the  National  Normal  University  of  Lebanon,  Ohio,  where 
he  received  the  degree  A.  B.  in  1888.  During  the  next  six 
years  he  was  engaged  in  teaching  Latin  in  Chilhowee  Academy 
near  Knoxville,  Tennessee,  and  in  the  Texas  Normal  College 
of  Denton,  Texas.  During  the  school  year  of  1894-'95,  he 
was  a  student  in  the  Johns  Hopkins  University  in  the  depart- 
ments of  Latin,  Sanskrit  and  Eoman  Law.  From  1895  to 
1897,  he  was  President  of  the  Holbrook  Normal  College  at 
Knoxville,  Tennessee;  1897  to  1899  he  studied  at  the  Univer- 
sity of  Chicago  in  Latin  and  History.  While  here  he  received 
also  the  degree  of  Bachelor  of  Arts. 

In  October,  1901,  he  entered  again  the  Johns  Hopkins  Univer- 
sity, and  during  the  two  following  years  was  engaged  in  the 
study  of  Latin  and  History  under  the  direction  of  Professors 
Smith,  Wilson,  Vincent  and  Johnson,  to  whom  he  desires  to 
express  his  gratitude,  for  their  scholarly  example,  and  especially 
to  Professor  Kirby  F.  Smith,  his  chief  adviser,  for  his  careful, 
sympathetic  and  inspiring  efforts  in  his  behalf. 


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